Traumatic brain injury (TBI) Board decisions

The Board has remanded the Veteran's claims for a disability evaluation in excess of 10 percent for service-connected TBI and for a total disability evaluation based on individual unemployability (TDIU) due to service-connected disabilities. Additional development is needed, including obtaining updated private medical records, scheduling examinations to assess the severity of the Veteran's TBI and residual anxiety, and requesting completion of a VA Form 21-8940 from the Veteran.

The Board has remanded the claims for tinnitus, right knee disability, sarcoidosis, and TBI due to incomplete service records. The AOJ is instructed to attempt to obtain in-service treatment records from Germany where the Veteran was stationed.

The Veteran's claim for service connection for a traumatic brain injury is denied as the evidence does not support a finding that he had such an injury during his active service.,The Veteran's lumbar spine disability, rated at 40 percent prior to August 19, 2014, and 20 percent thereafter, is remanded for further development due to inconsistencies in the medical records regarding the nature of the injuries sustained during service.,The Veteran's right lower extremity radiculopathy is granted a higher rating of 40 percent from November 8, 2019, but his left lower extremity radiculopathy remains at 40 percent. Both conditions are remanded for further development.,The Veteran's bilateral hearing loss claim is also remanded as the evidence does not meet the criteria for a higher rating.

The Veteran's service-connected bilateral plantar fasciitis is currently rated at 30 percent effective June 24, 2019.,The Veteran's service-connected lumbar strain is currently rated at 20 percent.,The Veteran's service-connected PTSD is currently rated at 70 percent after March 1, 2017, and 50 percent prior to that date.,The Veteran's service-connected TBI is not entitled to a compensable rating.,The Veteran's service-connected headaches are currently rated as 30 percent effective March 3, 2017.

The Board denied service connection for residuals of frostbite, low back disability, asthma, high blood pressure, and diabetes mellitus as there was no evidence linking these conditions to the Veteran's military service.

The Veteran's multiple service-connected disabilities, including TBI and PTSD, do not prevent him from securing or following substantially gainful employment due to his educational and occupational history.

The Veteran's TBI is rated at 40 percent since March 20, 2019. The Board has remanded the issues of increased rating for TBI and entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran's low back disorder, residuals of TBI, and headache disorder are granted service connection. However, the initial ratings for left femoral head avascular necrosis with proximal stress fracture left femoral shaft and right hip avascular necrosis remain remanded due to lack of updated VA medical records.

Your appeal for service connection for a traumatic brain injury has been dismissed because you withdrew your appeal.

The Board has dismissed the appeals of the Veteran's claims for initial compensable ratings for residuals of traumatic brain injury and migraine headaches as he opted into the modernized review system, thereby withdrawing his legacy appeal.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to proceed with the claims as they are no longer valid.

The Veteran's appeal was dismissed as the claimant withdrew their appeal for attorney fees based on a July 2021 rating decision that granted service connection for TBI and PTSD, combined with a 30% rating for PTSD.

The Veteran's headaches are rated at a maximum of 30 percent, but the Board has found that this rating is in equipoise with entitlement to such. The TBI issue and TDIU claim have been remanded for further development.

The Board granted a 40 percent rating for residuals of TBI with peripheral vestibular disorder, finding that the Veteran's disability picture more nearly approximates a '2' on the subjective symptoms facet.

The Board denied the Veteran's claims for service connection for a traumatic brain injury and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has determined that the Veteran's current residuals of frostbite to the bilateral feet are a result of his service in Germany, and thus grants service connection for these conditions.

The Board granted an effective date of October 27, 2009 for the grant of service connection for TBI with headaches and PTSD. The Veteran's earlier application included a claim for left orbital fracture disability, which reasonably encompassed his current claims. Effective from March 23, 2018, the Veteran is entitled to SMC based on need for aid and attendance due to loss of use of bilateral upper extremities.

The Board has remanded the claims for hallux valgus, TBI, acquired psychiatric disability (PTSD), fibromyalgia, musculoskeletal joint pain of wrist, shoulders, and neck, and sleep apnea due to incomplete records and need for further examination.

The Veteran's appeals have been withdrawn or dismissed. The Board has found that the Veteran's PTSD, urinary incontinence, and degenerative joint disease of the thoracolumbar spine meet the criteria for increased ratings but requires further development before these claims can be adjudicated.

The Board has determined that the Veteran's current sleep apnea is related to his service-connected PTSD, TBI, and headache disorders. The decision grants service connection for this condition.