Traumatic brain injury (TBI) decisions — 2023

The Board has found that there are relevant outstanding private treatment records and service records from the Army National Guard of Massachusetts. The Veteran is advised to provide authorization for these records, which will be requested by VA.

The Veteran's claim for service connection for a traumatic brain injury (TBI) is being remanded due to his failure to attend the scheduled VA TBI examination. The Board finds that good cause has been shown and he should be re-scheduled for a new VA TBI examination.

The Veteran's claims for increased ratings for PTSD and major depressive disorder with TBI, as well as a separate rating for TBI, are being remanded due to the submission of new evidence since the February 2020 Statement of the Case.

The Board denied the Veteran's appeal because his Notice of Disagreement (NOD) was not timely filed within one year from the date of notification of the October 2017 rating decision.

The Veteran's service-connected PTSD with cognitive issues, alcohol use disorder, and TBI is granted at a 100 percent disability rating prior to May 15, 2018, from July 1, 2018, to December 10, 2018, and from February 1, 2019.

The Veteran was granted a TDIU for the period from June 21, 2007 to July 31, 2018 due to his service-connected disabilities. The claim for a TDIU from July 31, 2018 is dismissed as moot because he is now in receipt of a 100% combined disability rating.

The appeal regarding seizure disorder is dismissed. OSA and TBI are granted, but the MDD rating is remanded.

The Veteran's migraines prior to August 12, 2016 are now rated at 30 percent.,Effective from March 4, 2016, the Veteran is granted a 30 percent rating for his migraines.

The Board has determined that additional VA clinical documentation should be reviewed and the service connection claims for various disabilities should be remanded.

The Board denied the Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) as there is no current diagnosis of TBI and the evidence does not support a finding that the Veteran has a disability related to his in-service exposure.

The Board has determined that the Veteran does not have a current diagnosis of Traumatic Brain Injury or its residuals, and thus service connection for this condition is denied.

The Veteran withdrew his appeals for all listed conditions, resulting in the dismissal of these claims.

The Veteran's service-connected disabilities did not preclude him from securing or following a substantially gainful occupation, and the Board denied his claim for TDIU.

The Board has determined that the Veteran's sleep disorder, lumbar spine strain, radiculopathy of the lower extremities, left and right knee strains, migraine headaches, other residuals of TBI, and other specified trauma and/or stressor-related disorder may be related to his service in Southwest Asia or secondary to a service-connected disability. The Board has also noted that the Veteran's employment history needs to be verified for the TDIU claim.

The Veteran's PTSD and TBI were granted service connection, with the PTSD receiving a 100% disability rating effective from July 8, 2019. The issue of entitlement to a TDIU prior to July 8, 2019 was dismissed as moot.

The Board has decided to remand the cases for further examination and evaluation due to a procedural error in obtaining recent medical examinations.

The Veteran's service-connected generalized anxiety disorder and traumatic brain injury render him in need of regular aid and attendance due to his mental incapacity, which causes him to require care or assistance on a regular basis to protect him from the hazards or dangers incident to his daily environment. The Board has granted SMC based on this need.

The Veteran's claim for a rating in excess of 10 percent for TBI is remanded.,The Veteran's claim for total disability based on individual unemployability (TDIU) is also remanded.

The Veteran's TBI is manifested by a diagnosed disability, but with no subjective symptoms or any mental, physical, neurological conditions, or residuals attributable to TBI. The criteria for entitlement to an initial compensable rating for residuals of TBI have not been met.

The Veteran withdrew his claim seeking service connection for residuals of traumatic brain injury (TBI). The Board dismissed the appeal.