Traumatic brain injury (TBI) Board decisions

The Board denied service connection for Traumatic Brain Injury (TBI) due to lack of a current diagnosis.,The Veteran's PTSD was found not to render him unemployable, as he had prior work experience and education that allowed him to secure employment.

The Veteran's service-connected PTSD with TBI and left leg disabilities have rendered him unable to secure or maintain substantially gainful employment, and the Board has granted a finding of total disability based on individual unemployability.

The Veteran's claim for an effective date prior to June 19, 2013 for the award of service connection for tinnitus is denied as there was no prior unadjudicated claim. The Veteran is already in receipt of the earliest possible effective date allowed under law.,The Veteran's claim for a rating in excess of 10 percent for tinnitus is denied as he is already receiving the maximum schedular evaluation.

The Board has decided to remand several claims for further development and evaluation due to procedural issues. The Veteran's appeals on substantive grounds are now pending.

The Veteran's acquired psychiatric disorder (including PTSD with TBI) and migraine headaches have been granted initial ratings of 100 percent and 50 percent, respectively.

The Veteran's residuals of TBI have been rated as a 70 percent disability prior to August 30, 2017. Beginning August 30, 2017, the rating for his TBI has been denied. Prior to February 8, 2018, service connection for headaches secondary to his TBI was granted.

Effective April 22, 2016, the Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has remanded the case due to inadequate medical opinions and for obtaining new evidence, including VA and private treatment records. The Veteran's representative is also advised to submit any new pertinent evidence.

The Veteran's service-connected TBI and anxiety disorder are currently rated at 50 percent, but the Board denied an increased rating as his symptoms do not warrant a higher evaluation.

The Board denied service connection for bilateral hearing loss, right knee disability, left foot disability, and right foot disability. The lumbar spine disability was granted a 20% rating but not in excess of that.

The Veteran's initial evaluations for migraine headaches and TBI were denied, with the Board finding that his symptoms did not meet the criteria for higher ratings under applicable diagnostic codes.

The Board has remanded the case due to errors in obtaining relevant medical records and providing an adequate opinion regarding the relationship between the Veteran's service-connected disabilities and his obstructive sleep apnea.

The Veteran's TBI and post-stroke condition are being remanded for further examination to determine the nature, etiology, and current symptomology of his disabilities. The issues of TDIU are also being remanded due to their inextricability with the TBI rating issue.

The Board has determined that the Veteran's service-connected disabilities at least as likely as not result in him needing regular aid and attendance of another person, warranting entitlement to special monthly compensation (SMC) based on the need for regular aid and attendance.

The Board dismissed the appeals for service connection of headache and TBI conditions due to the Veteran's death.

The Veteran's TBI disability is rated at 10% and does not warrant a higher rating.,For the period prior to September 29, 2020, the Veteran’s hip condition with limitation of abduction is rated at 0%. From September 29, 2020 onwards, it remains rated at 0%,The Veteran's left sacroiliac condition with limitation of extension of the thigh is rated at 0%.,The Veteran's left pubis and sacroiliac condition with limitation of flexion of the thigh is rated at 0%

The Veteran's claims for service connection for TBI, a back disability, hearing loss, and tinnitus have been denied as there is no current diagnosis of these conditions.,Service connection cannot be established for the claimed disabilities due to lack of evidence linking them to service.

The Board has remanded the claims for service connection for an acquired psychiatric disorder, to include as secondary to service-connected traumatic brain injury (TBI), and for a higher rating for cervical spine strain due to inadequate medical opinions.

Service connection for IBS is denied as there is no current diagnosis of the condition.,Service connection for residuals of TBI is granted based on credible evidence of in-service injury and consistent with service.

The Veteran's claim for an initial rating in excess of 50 percent for PTSD with TBI was denied. The evidence did not support a higher rating as the symptoms resulted in occupational and social impairment with reduced reliability and productivity.