Traumatic brain injury (TBI) Board decisions

The Veteran's claim for service connection for residuals of fracture of the right middle finger is granted. The claims for service connection for bilateral knee disorder and acquired psychiatric disorder and/or TBI are remanded, as well as the determination regarding the character of discharge from February 1978 to January 1981.

The Veteran's TBI residuals are rated as 0 percent disabling, and the claim for a compensable rating is denied.,For the period prior to July 28, 2018, the Veteran's migraine headaches were rated at 30 percent, which is the maximum schedular rating authorized under Diagnostic Code 8100. The claim for a higher rating is denied.,From July 28, 2018, the Veteran's migraine headaches are rated at 50 percent, which is the highest available under Diagnostic Code 8100. The claim for a higher rating is denied.,The effective date of January 22, 2018, but no earlier, for the grant of service connection for TBI and migraine headache disorder is granted.

The Board denied the Veteran's claim for service connection for TBI, finding that there was no evidence of a current disability and that his symptoms were more likely related to his psychiatric conditions rather than an in-service head injury.

The Veteran's claim for service connection for a heart condition has been reopened due to new evidence. Other issues have also been remanded for further evaluation.

The Veteran's claims for service connection have been reopened, and the Board has granted them. The issues of entitlement to service connection for obstructive sleep apnea (OSA), a respiratory disability (claimed as breathing disorder, to include asthma), and a bilateral foot disability are remanded.

The Board has remanded the Veteran's claims for service connection for traumatic brain injury, pilonidal cyst, low back disability, and residuals of left hip stab wound due to a lack of VA examinations. The Veteran is required to attend rescheduled VA examinations.

The Veteran's claims for increased ratings for PTSD with TBI and for a total disability rating based on individual unemployability (TDIU) are being remanded due to incomplete records from the Vet Center. The Board will obtain these records before deciding the cases.

The Veteran's claims for traumatic brain injury, left knee degenerative joint disease, and left ankle degenerative joint disease have been granted. The service connection is established based on direct evidence of the conditions during active duty.

The Veteran's appeal is remanded for additional examinations to assess the severity of her service-connected right arm numbness/tingling, TBI residuals, thoracolumbar spine spondylosis, and migraine headaches. The appeals are also remanded for a new examination to determine if there was any in-service causation.

The Board has denied service connection for a hearing loss disability of the right ear. The issues of service connection for residuals of TBI, acquired psychiatric disability (including PTSD, depression, anxiety, and substance abuse), pulmonary disability (including COPD and emphysema), and lumbar spine disability are all remanded due to insufficient evidence.

The Veteran's service-connected TBI and related conditions prevent him from securing or following substantially gainful employment, warranting a TDIU. The case is remanded for further evaluation of his TBI.

The Board has denied the Veteran's claims for service connection for a cognitive disorder, cataracts, and epistaxis. The Board found no evidence of a current diagnosis or link to service.

The Veteran's radiculopathy of the right lower extremity is rated at 10 percent since June 1, 2020.,PTSD with alcohol abuse and TBI was granted an initial rating of 70 percent effective December 1, 2014.

The Veteran's initial claim for an increased disability rating for TBI other than headaches and vertigo is being remanded due to the failure of the RO to schedule a VA examination as per previous Board directives.

The Veteran's TBI residuals are denied as the evidence is inconclusive regarding whether they are separate from his service-connected mental health condition. The tension headache condition is granted on a direct basis, while the left foot conditions (bilateral flat feet) and right knee condition are denied due to pre-existing status.

The Board has determined that additional remand is necessary to obtain updated treatment records, conduct new examinations for PTSD and TBI residuals, and determine the Veteran's employment status. The claims of increased ratings for PTSD and TBI residuals, as well as entitlement to a TDIU, are being remanded.

The Veteran's dysthymia disorder with residuals of TBI associated with post-concussive syndrome is rated at 100 percent from May 4, 2011 to January 27, 2021. A separate evaluation for loss of sense of smell and taste is denied.

The Veteran's initial rating for TBI is being remanded due to the need for additional neuropsychological testing. The SMC issue is also being remanded as it is inextricably intertwined with the TBI rating issue.

The Veteran's appeals seeking higher ratings for TBI, adjustment disorder, and headaches have been dismissed due to the Veteran's withdrawal of these appeals.

The Board has granted service connection for TBI residuals, finding that the Veteran's current symptoms are related to his in-service TBI and that there is at least nearly equal weight of evidence supporting this conclusion.