Traumatic brain injury (TBI) Board decisions

The Veteran's PTSD with major depressive disorder and its residuals from a traumatic brain injury have been granted an initial 70 percent disability rating since November 9, 2018.

The Veteran withdrew all pending appeals and claims, including the one seeking an increased rating for TBI residuals.

The Board has granted service connection for right and left hand frostbite residuals, finding that the Veteran's current bilateral hand disability is related to frostbite sustained during active service.

The Board has denied the Veteran's claims for service connection for a TBI and bilateral hearing loss, finding that there is no evidence of current disabilities or in-service incurrence.

The Veteran's TBI residuals are currently evaluated as 40 percent disabling from October 15, 2020. The decision grants a higher evaluation for the veteran's TBI disabilities.

The Veteran's claims for service connection for various disabilities are being remanded due to the need for additional development and examination.,The Veteran's claims for service connection for a left shoulder/arm disability, right shoulder/arm disability, left foot/ankle disability, and right foot/ankle disability are being remanded. The examiner must consider exposure to toxins in the Southwest Asia Theater of Operations as well as whether any of his claimed disabilities are unexplained illnesses or MUCMIs.,The Veteran's claims for service connection for bilateral ear pain, sinusitis, lung mass, and pneumonia are being remanded. The examiner must consider whether these symptoms are related to his service in the Southwest Asia Theater of Operations, including consideration of whether they are undiagnosed illnesses or MUCMIs (including fibromyalgia).,The Veteran's claims for service connection for an enlarged heart, hematochezia, and colon polyps are being remanded. The examiner must consider whether these conditions began during or are related to his active duty service.,The Veteran's claim for service connection for thalassemia is being remanded. The examiner must determine if the condition is a congenital defect or disease and whether it was incurred or aggravated by service.

The Veteran's claim for an effective date prior to April 10, 2018, for the award of special monthly compensation (SMC) based on need for regular aid and attendance was denied. The Board found that the Veteran did not file a formal or informal claim for SMC before April 20, 2018, and that it was not factually ascertainable he needed regular aid and attendance within one year prior to his claim.

The Veteran's claims for compensation under 38 U.S.C. § 1151 and service connection for balance problems are remanded due to the need for a VA examination and medical opinion regarding the nature of his TBI residuals, causation, and whether he committed willful misconduct.

The Board has remanded the cases for further development and consideration, including obtaining a TBI examination with specific training in evaluating such claims. The Veteran's depressive disorder claim is also pending, but new evidence from private treatment records must be considered by the AOJ before it can be adjudicated.

The Veteran's TBI residuals are being remanded for further review due to the need to consider additional evidence of record.

The Board has remanded the Veteran's claims for service connection for TBI and Parkinson's disease due to insufficient development of evidence. The Veteran is seeking service connection for these conditions based on in-service exposure, but a VA examination is needed to determine if he has residuals from his military service that are related to his current symptoms.

The Veteran's claim for an earlier effective date for the grant of service connection for residuals of a traumatic brain injury is granted. The claim for an earlier effective date for the grant of service connection for erectile dysfunction and entitlement to SMC on account of loss of use of a creative organ is denied.,The Veteran's claim for an increased rating for service-connected residuals of TBI is remanded, as it was not addressed in the August 2021 rating decision regarding whether a separate rating under Diagnostic Code 8100 might be applicable.

The Board has remanded the claims for service connection due to new and material evidence having been received. The appeals are now pending further development.

The Board has remanded the claims for service connection for residuals of TBI and for an increased rating for hiatal hernia and GERD due to incomplete or insufficient medical opinions. The Veteran's reports of head injury during active duty are being considered, as well as the effects on his employment, daily activities, social life, and family life.

The Veteran's Migraine Headaches are rated at 50 percent from January 22, 2020 and granted. The compensable rating for Traumatic Brain Injury prior to January 22, 2020 is denied. The issue of TDIU has been raised.

The Veteran's claims for service connection for bilateral upper extremity neuropathy, bilateral hearing loss, an acquired psychiatric disorder (including PTSD and major depressive disorder), obstructive sleep apnea, a lumbar spine disorder, right lower extremity neuropathy, left lower extremity neuropathy, right knee disorder, and left knee disorder are all being remanded due to the need for additional medical opinions.,The Veteran has not been diagnosed with bilateral upper extremity neuropathy or any other condition related to his service. His claims for hearing loss, psychiatric disorders, sleep apnea, TBI, lumbar spine disorder, lower extremity conditions, and knee disorders are being remanded as well.

The Veteran's claim for left ear hearing loss has been reopened and is granted.,The Veteran's claim for PTSD has been reopened and is granted.,The Veteran's claim for a left arm disability, to include a left elbow disability, has been reopened and is granted.,The Veteran's claim for TBI has been reopened and is granted.,The Veteran's claim for sleep disorder has been reopened and is granted.

The Veteran's appeal includes requests for higher initial ratings for posttraumatic headaches, PTSD with alcohol abuse, and TBI. The Board has determined that new evidence was received within a year of the August 2014 rating decision, allowing these issues to remain pending. Additionally, the issue of entitlement to a total disability rating based on individual unemployability (TDIU) is raised due to the Veteran's service-connected disabilities and his claim for higher initial ratings. The Board has ordered remand for further examination and review of records.

The Board has remanded the case due to inextricably intertwined issues, including whether the overpayment debt was properly created and the issue of entitlement to a waiver of recovery of an overpayment of VA compensation benefits.

The Veteran's rating for TBI is denied as it does not meet the criteria for a higher than 70 percent rating. The service connection for a neck and upper back condition is remanded.