Traumatic brain injury (TBI) Board decisions

The Board has granted service connection for restrictive lung disease and residuals of traumatic brain injury, finding that the Veteran's current conditions are related to his in-service exposure to environmental and chemical hazards.,Service connection is also granted for the Veteran's residual TBI, including headaches, visual photosensitivity, and cognitive impairment (memory and concentration), based on credible evidence linking these symptoms to his combat experience.

The Veteran's claims for service connection for various conditions, including TBI residuals, Chronic Pain Disorder, Headache Disorder, and Right Shoulder Arthritis as secondary to the service-connected lumbar spine degenerative disc disease with intervertebral disc syndrome (IVDS), were denied. The Board found that there was no current disability related to these conditions at any time during the pendency of the appeal.

The Board denied an earlier effective date for service connection for frostbite of the left and right feet, finding that the earliest possible effective date was July 18, 2013.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain substantially gainful employment.

The Board has decided to remand four of the Veteran's claims for additional development due to incomplete records and need for further medical opinions. The claims include service connection for a back disability, left knee disability, acquired psychiatric disability, and residuals of a traumatic brain injury.

The Veteran's appeal for a higher level of SMC based on the need for aid and attendance due to service-connected Traumatic Brain Injury has been dismissed as there is no justiciable issue remaining.

The Veteran's PTSD with MDD, to include symptoms of TBI, is restored to a 70 percent disability rating effective April 14, 2017.

The Veteran's PTSD with TBI was granted a 70 percent rating, effective from November 21, 2019. The decision also noted that the Veteran had other conditions such as depression and anxiety.

The Board denied the Veteran's claims for service connection for residuals of a cold weather injury and an acquired psychiatric disorder, including PTSD and major neurocognitive disorder. The evidence did not support current diagnoses or a causal relationship to service.

The Board's decision partially vacates the remand of the Veteran's claim for an initial rating in excess of 40 percent for a TBI due to the Veteran's timely submission of a VA Form 20-0996, Request for Higher-Level Review. The appeal is now under the Appeals Modernization Act (AMA).

The Board has remanded the case for further development to differentiate between symptoms caused by TBI and PTSD, as well as to obtain a clear opinion on the Veteran's service-connected conditions.

The Veteran's appeal to increase his PTSD with TBI rating above 100 percent has been withdrawn by the appellant through his authorized representative, and thus the appeal is dismissed.

The Board dismissed the appeal for an earlier effective date because the RO (AOJ) has not adjudicated this issue, and the claimant must first have it addressed by the RO.

The Board dismissed the appeals due to the Veteran's death, and no effective dates were granted for any of the claims.

The Board found that the Veteran does not have residuals of frostbite of the hands or throat cancer due to service, and thus denied all claims.

The Board has remanded the case due to inadequate examination and lack of VA treatment records. The Veteran's TBI and headache disability claims are being reviewed again with new examinations.

The Veteran's claims of service connection for frostbite bilateral feet, bilateral hearing loss, and tinnitus have been granted. The claim for frostbite bilateral feet is remanded due to the need for a VA examination.

The Veteran's TBI is rated at the lowest level (10%) and does not warrant a higher rating.

The Board has ordered a remand for further development and evaluation of the Veteran's service connection claim for residuals of frostbite, including tinea pedis, hallux valgus, and peripheral neuropathy of the bilateral extremities. The case is being returned to the RO for an adequate medical opinion.

The Board has remanded the claims for service connection for residuals of a traumatic brain injury, right hip disability, left knee disability, and right knee disability due to insufficient evidence.,Service connection was denied for all four conditions as there is no credible evidence linking them to service.