Traumatic brain injury (TBI) Board decisions

The Veteran's service-connected conditions reasonably precluded gainful employment prior to August 2, 2016. An effective date prior to this date for the award of a TDIU is granted.

The Board has remanded the claims for further development due to inadequate medical opinions in the February 2021 VA examination reports.

The Veteran's claim for a TDIU was dismissed as his representative requested withdrawal.,His initial compensable rating for right ear hearing loss is denied.,He is not entitled to an increased rating for residuals of left thigh stab wound, except for the period after January 26, 2018 when he is assigned a 40 percent disability rating under DC 5314.,His initial compensable disability rating for a left thigh scar is denied.,The Veteran's claim for service connection for left ear hearing loss is REMANDED.,Service connection for PTSD and TBI are not granted.,The Veteran's claims for service connection for these conditions remain pending.

The Veteran's claim for an increased rating for lumbosacral strain was denied, as the evidence did not show limitation of motion more nearly approximating forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees or the combined range of motion of the thoracolumbar spine not greater than 120 degrees.,The Veteran's claim for an earlier effective date for a 50 percent disability rating for PTSD, TBI with persistent depressive disorder and anxious distress was denied because the evidence did not show that a factually ascertainable increase in disability due to service-connected conditions occurred within one year prior to his formal increased rating claim.

The Board has remanded the claims for residuals of a traumatic brain injury, carpal tunnel syndrome, and neurological disability of the right lower extremity due to additional development being required. The claim for skin disability of the bilateral lower extremities must also be remanded.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for service connection, including VA treatment records and SSA disability determination. The Veteran will be scheduled for VA examinations to address his claimed conditions.

The Veteran's memory loss and posttraumatic headaches are granted at 40% and 50%, respectively, effective May 31, 2013.

The Board has decided to remand the case due to a duty to assist error and will need to determine if the Veteran's sleep disorders are related to service, including as residuals of his TBI.

The Board has remanded the claim for service connection for residuals of a traumatic brain injury (TBI) including headaches due to conflicting evidence regarding whether the Veteran engaged in combat during his deployment to Iraq. The case is being returned to the RO for further proceedings.

The Veteran is granted SMC based on aid and attendance from January 30, 2019 onward. The issue of entitlement to SMC based on aid and attendance or housebound benefits from July 12, 2011 to January 29, 2019 is remanded.,The Veteran's claim for SMC T (based on a higher level of SMC under subsection (t)) has been reasonably raised by the record. The issue of entitlement to SMC based on aid and attendance from July 12, 2011 to January 29, 2019 is remanded.,The earlier effective date for radiculopathy of the upper extremities prior to February 9, 2021 remains pending.

The Veteran's PTSD and TBI have been productive of occupational and social impairment with deficiencies in most areas, but symptoms productive of total occupational and social impairment have not been shown. A 70 percent rating is granted for the period prior to June 23, 2021.

The Veteran's TBI is currently rated at 10 percent, and the Board found no evidence of higher levels of impairment. The claim for a higher rating was denied.

The Board has remanded the Veteran's claims for service connection for various disabilities due to a lack of service treatment records and personnel records. The Veteran is advised to provide any additional information needed for the search.

The Board has determined that the Veteran's traumatic brain injury is related to his active duty service, resolving all reasonable doubt in favor of the Veteran.

The Board has granted service connection for residuals of a TBI, finding that the Veteran's current diagnosis is related to his in-service injury during basic training.

The Board has granted service connection for neurocognitive disorder unspecified as secondary to the Veteran's service-connected other specified trauma and stressor-related disorder, finding that it is at least as likely as not caused by his service-connected psychiatric disability.

The Veteran's appeals for service connection and ratings for various disabilities have been dismissed as the Veteran requested to withdraw his appeals.

The Board has dismissed all service connection claims for various conditions, including neck and back issues, peripheral neuropathies, and traumatic brain injury. The Veteran's death during the appeal process means that no further action can be taken on these claims.

The Veteran's appeal for service connection for a non-organic sleep disorder is dismissed.,Issues of service connection for allergic rhinitis, OSA, TBI, headaches, Meniere's disease, bilateral plantar fasciitis (to include as secondary to service-connected lumbar spine disability), and erectile dysfunction (to include as secondary to service-connected hypertension) are remanded.

The Board has remanded the Veteran's claims for service connection for right ankle and back disabilities due to insufficient evidence in the record regarding continuity of symptomatology since service.