Traumatic brain injury (TBI) Board decisions

The Board has decided to remand the case due to an inadequate June 2016 VA opinion regarding the relationship between the Veteran's TBI and his service-connected PTSD. A new examination is required to determine if the TBI was caused or aggravated by PTSD, with a focus on whether cognitive disabilities are related.

The Veteran's service-connected TBI and PTSD are rated at a 70 percent disability rating since September 29, 2016. The decision also denied the claim for total disability based on individual unemployability prior to September 29, 2018.

The Veteran's TBI has been rated at 10 percent, but the Board granted a full grant of his claim for a 40 percent rating.

The Board has determined that the VA medical opinions are not adequate to adjudicate the claim of entitlement to an increased initial rating for residuals of a traumatic brain injury. The Veteran's symptoms overlap with his service-connected posttraumatic stress disorder, and it is unclear whether they can be clearly separated from each other.

The Board has remanded the case due to the need for a VA examination to evaluate the nature and etiology of residuals of traumatic brain injury (TBI) other than headaches, including symptoms such as slurred speech, memory loss, attention problems, impaired judgment, sleep disturbance, light and sound sensitivity, and spatial disorientation.

The Board has granted service connection for tinnitus. The cases of gastrointestinal symptoms, widespread joint pain (fibromyalgia), and Traumatic Brain Injury are remanded for further examination and analysis.

The Board has remanded the case due to issues regarding the Veteran's TBI, including seeking additional medical records and ensuring proper notification of VA's inability to obtain certain records.

The Veteran's appeal for increased evaluations of his service-connected psychiatric disabilities with a TBI and entitlement to TDIU is being remanded due to the need to obtain VA treatment records from a Vet Center in Omaha, Nebraska. The AOJ must also verify the Veteran's occupational history and employment circumstances.

The Board has determined that additional development is needed for the issues of increased evaluations for service-connected TBI and cervical spine disability, as well as the issue of a total disability rating based on individual unemployability (TDIU). The case will be returned to the Board after completion of this development.

The Board has remanded the Veteran's claims for service connection for degenerative disease of the lumbar spine and head injury, to include TBI and headaches due to insufficient medical opinions regarding the relationship between his current conditions and military service.

The Veteran's PTSD symptoms have resulted in occupational and social impairment with deficiencies in most areas, warranting a 70% evaluation.,For the period prior to February 7, 2021, the Veteran's left knee lateral and anterior instability has been evaluated at 20%, but no higher.

The Board has remanded the Veteran's claims for service connection due to new evidence received since his last Statement of the Case in August 2018. The AOJ is instructed to consider this additional evidence and readjudicate the issues.

The Board has granted a 20 percent rating for scar residuals of head trauma, but the issues of service connection for diabetes mellitus, ischemic heart disease, and TBI have been remanded due to insufficient evidence.

The Veteran's petition to reopen a claim for service connection of a psychiatric disorder was granted. Service connection for TBI and an abdominal disorder were denied, but the case is remanded for further action on these issues.

The Veteran's claim for service connection for residuals of an in-service head injury, including a traumatic brain injury (TBI), is being remanded due to the inadequacy of the July 2019 examination report and medical opinion. The Board finds that there were no residuals of a head injury found during this period.

The Board has determined that the Veteran's hypertension is not service-connected, and the issue of an initial compensable disability rating for TBI prior to July 10, 2020, and in excess of 70 percent thereafter is remanded.

The Board has remanded the claims for additional development due to the Veteran's failure to attend scheduled VA examinations. The examinations are needed to assess the current severity of her service-connected disabilities.

Service connection for gastroesophageal reflux disease (GERD) is granted. Service connection for chronic fatigue syndrome (CFS), gastrointestinal disorder disability other than GERD, and traumatic brain injury (TBI) with vertigo and dizziness are remanded.

The Board has decided that the Veteran's claims for service connection for TBI and TDIU need further development due to lack of a VA examination. The case is being remanded to provide the Veteran with an opportunity to attend a VA examination.

The Veteran's service-connected disabilities render him so helpless as to require the regular aid and attendance of another person, warranting entitlement to SMC at the aid and attendance rate.