Traumatic brain injury (TBI) decisions — 2023

The Veteran's back disability is denied as there is no evidence of a current disability related to service.,Service connection for dysarthria (speech difficulty) granted as it is proximately due to his service-connected TBI.

Effective dates of September 15, 2015 are granted for service connection for Traumatic Brain Injury (TBI), Migraine Headaches, Tinnitus, and Left Ear Hearing Loss.

The Board has remanded the Veteran's claims due to additional evidence being added to his file and for further examination of his service-connected disabilities.

The Veteran's claims for service connection for traumatic brain injury, headache disability, and right knee disability have been denied. The Board found no evidence of a TBI during service or any chronic residuals related to an in-service injury. There is also no causal link between the current headaches and the motor vehicle accident in service. Regarding the right knee disability, there was no indication of a pre-existing condition that began during service or within one year after separation from service.,The Board concluded that the Veteran's current conditions are not related to his military service.

The Veteran's service-connected disabilities, including headaches, traumatic brain injury, low back condition, right knee and hand conditions, and neck condition since February 28, 2008, have rendered him unemployable from December 18, 2007 to July 23, 2008. His basic eligibility for Dependents' Educational Assistance (DEA) was granted on the same dates.

The Board has dismissed the Veteran's claims for an initial rating in excess of 10 percent for TBI and entitlement to a temporary total evaluation for treatment of a service-connected disability due to procedural issues related to the appeal system.

The Board has dismissed the Veteran's appeals on all four issues due to his withdrawal of the appeal prior to a decision being made.

The Board has determined that new evidence submitted by the Veteran warrants readjudication of his claims for service connection for Traumatic Brain Injury and Minor Neurocognitive Disorder. The case is now remanded to obtain an opinion regarding whether these conditions are related to active service.

The Veteran's service-connected disabilities, including depressive disorder, migraine headaches, tachycardia with chest pain, left heel disability, right foot disability, vertigo, TBI, and hiatal hernia, render her incapable of securing or following a substantially gainful occupation.

The Veteran's service-connected PTSD with TBI residuals require the aid and attendance of another person without which he would need hospitalization, nursing home care, or other residential institutional care. The Board granted SMC(t) effective September 28, 2021.

The Veteran's claims for service connection for residuals of a traumatic brain injury and a brain tumor were denied as there is no evidence of current disabilities or in-service incurrence, and the Board found that any symptoms experienced by the Veteran are not related to his military service.

The Veteran's service-connected disabilities, including anxiety disorder, right shoulder degenerative joint disease, cervical spine degenerative disc disease, lumbar spinal degenerative disc disease, vertigo associated with mild TBI, and shin splints status post stress fracture, have rendered him unable to secure or follow a substantially gainful occupation for the entire appeal period.

The Veteran's neurocognitive disability, including TBI residuals, is granted as service-connected due to its onset during his active service and continuity of symptomatology.

The Veteran's bilateral knee disability, headache disability, and residuals of TBI are being remanded for further examination to determine their relationship to service-connected conditions.,Additionally, the Veteran's PTSD with major depressive disorder is also being remanded for a new rating determination.

The Board has remanded the case due to jurisdictional issues and will need to issue a Statement of the Case (SOC) for the Veteran to perfect his appeal.

The Veteran's appeal for special monthly compensation based on housebound status has been withdrawn. The Board also remanded the cases of PTSD with traumatic brain injury and Meniere's disease, requesting new VA examinations to assess current severity.

The Veteran's appeal is being remanded due to insufficient medical opinions regarding the separation of symptoms between PTSD and TBI, as well as the frequency and severity of his migraine headaches.

The Board has decided to remand the Veteran's claims for an increased disability rating for TBI, earlier effective date for SMC based on aid and attendance (SMC(l)), and SMC based on aid and attendance (SMC(t)). The VA must obtain any outstanding treatment records.

The Board has remanded the claims for an initial increased rating in excess of 40 percent for TBI and for a total disability rating based on individual unemployability (TDIU) due to procedural issues.

The Veteran's appeal is remanded for additional medical opinions regarding his tinnitus, traumatic brain injury, and related conditions. The claims are also remanded to schedule the Veteran for VA examinations to assess the severity of his service-connected disabilities.