Traumatic brain injury (TBI) Board decisions

The Veteran's claim for a compensable rating for the residual scar, right forearm is granted. The claim for an increased rating in excess of 70 percent disabling for major depressive disorder with anxious distress to include TBI is denied. Service connection for sleep apnea is remanded.

The Board denied the Veteran's request for an earlier effective date prior to February 19, 2019, for a 70 percent disability rating for PTSD with residuals of TBI. The evidence did not show that it was factually ascertainable that the Veteran's symptoms worsened during this period.

The Veteran's service-connected TBI resulted in a mild impairment of memory, attention, concentration and/or executive functions resulting in mild functional impairment from October 31, 2012 to October 20, 2019. From October 21, 2019 to January 11, 2021, the Veteran's TBI residuals did not meet criteria for a higher rating.

The Veteran's PTSD with TBI and migraine headaches have been granted higher ratings, but the Board has found further development is needed for other issues.,The Veteran's hypertension and right shoulder disability are also being remanded for additional development.

The Board has reopened the claims for TBI residuals, acquired psychiatric disorder, cervical spine condition, lumbar spine condition with bilateral lower extremity numbness, right ankle condition, right heel condition, skin condition, and respiratory condition due to new and material evidence. These issues are remanded for further development.,The Board has also reopened the claims for these conditions but has not assigned a rating or effective date as the appeal is still in process.

The Veteran's residuals of TBI have been rated at a 40 percent disability rating from July 11, 2016 to February 9, 2021. This decision grants the requested increase in disability rating.

The Board has granted service connection for bilateral hearing loss, right ear cholesteatoma with mastoidectomy, and traumatic brain injury. The claims are based on direct evidence of in-service injury or disease.

The Veteran's appeal for a higher rating for migraines and an earlier effective date for the increased rating were denied. The case was also remanded to obtain additional medical opinions regarding his TBI, PTSD, and memory issues.,The Board found that the Veteran did not meet the criteria for an extraschedular rating in excess of 50 percent for migraines and denied his claim for an earlier effective date.

The Veteran's PTSD is granted with a rating of 50 percent, but not higher. The Veteran's TBI residuals are denied as they do not warrant an initial rating in excess of the currently assigned 10 percent.

The Veteran's service-connected disabilities, including his generalized anxiety disorder and frostbite residuals in both hands and feet, have rendered him unable to secure or follow a substantially gainful occupation throughout the period on appeal. The Board granted TDIU based on this finding.

The Board has determined that the Veteran's claims for service connection for a TBI and gastrointestinal disorder are not granted, but his claim for secondary service connection for dizziness due to bilateral hearing loss is remanded for further development.

The Veteran's headaches associated with TBI are granted an increased evaluation of 50 percent. The claim for entitlement to TDIU is also granted. The claims for service connection for right shoulder and left shoulder disabilities have been withdrawn.

The Board denied a higher rating for the Veteran's TBI, finding that his residuals manifested in no more than level 1 impairment and did not meet criteria for a higher rating.

The Veteran's TBI and PTSD were not shown to be causally or etiologically related to any disease, injury, or incident in service.,The Veteran is not shown to have had a bilateral hearing loss disability of such severity to constitute a disability for VA compensation purposes.

The Board has denied service connection for GERD, TBI, headaches, bilateral knee disability, back disability, left shoulder disability, and heart disability due to lack of evidence linking these conditions to service. The claims are remanded for further development.

The Veteran's claims for service connection for residuals of a TBI and sleep apnea are being remanded due to the need for additional medical examinations.

The Veteran's depression is being remanded for an addendum opinion to determine if it was caused by his service-connected disabilities, specifically the left clavicle and scapula dislocation or any combination of other service-connected conditions. The TDIU claim is also being remanded due to its inextricability with the secondary service connection issue.

The Veteran's initial and increased rating claims for TBI prior to November 25, 2016 were denied. The claim for an increased rating from November 25, 2016 was also denied.

The Veteran's bilateral hearing loss is not entitled to an effective date prior to April 28, 2016.,Service connection for hypertension was denied as there is no evidence of its onset in service or within one year of service.

The Board has dismissed the appeals for service connection of Traumatic Brain Injury and Central Auditory Processing Disorder due to the death of the appellant.