Traumatic brain injury (TBI) decisions — 2024

The Veteran's TBI/psychiatric disabilities were granted a 40 percent rating prior to April 14, 2022. Beginning on that date, the rating was denied for higher than 70 percent due to the severity of symptoms.

The Veteran's appeal was denied for an effective date earlier than January 30, 2014 for service connection for tinnitus and TBI.,The Veteran's claim for a higher initial rating for TBI was also denied.

The Veteran's asthma, allergic rhinitis, bronchitis, bilateral plantar fasciitis, cardiovascular disease, left shoulder condition, scars, kidney condition, TBI residuals, diabetes mellitus type II, diverticulitis, gastritis, and hypertension are remanded due to incomplete service records.

The Veteran's appeal was granted, with the earlier effective date for PTSD and a TDIU being established. The rating for PTSD remains at 70 percent.

The Board has remanded the Veteran's claims for increased ratings for TBI and right ankle disabilities due to inadequate VA examinations. The appeals need to be addressed with new VA examinations.

The Veteran's disability ratings for Traumatic Brain Injury and Posttraumatic Stress Disorder were reduced in January 2018. The Board found that VA failed to notify the Veteran of a rescheduled examination, which was required by regulation. As a result, the decision is reversed and the original 70% ratings are restored.

The Veteran's claims for a compensable rating for traumatic brain injury residuals and TDIU are being remanded due to procedural errors in scheduling the VA examination, failure to notify the Veteran of the examination, and the need for an updated employment history form. The Veteran will be provided with another opportunity for these examinations and forms.

The Board has granted service connection for the right knee condition. The issues of service connection for major depressive disorder with anxiety, insomnia, and TBI are remanded due to failure to report for VA examinations.

The Board has remanded the case for a VA TBI examination to determine if any head injury residuals, including TBI residuals, had their onset during active service or are related to any incident of service. Service connection is not granted for diabetes mellitus.

The Veteran's appeals for service connection regarding migraine headaches, traumatic brain injury (TBI), and vertigo have been dismissed due to the Veteran's request for withdrawal of his appeal.

The Veteran's service-connected residuals of TBI are rated at 40 percent, effective May 8, 2018. The Veteran is also in receipt of a separate 50 percent rating for headaches associated with his TBI. Both ratings have been granted.

The Board has denied the appellant's claims for an initial compensable disability rating for migraine headaches and service connection for a traumatic brain injury (TBI). The claim for service connection for vertigo is remanded due to a duty to assist error.,Service connection for a TBI was not established, as there is no current diagnosis of a TBI. The appellant's contention that he suffered a TBI during service is not supported by the evidence of record.

The Board has denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, tinnitus, frostbite of the left foot and toes, insomnia (claimed as sleep disorder), laceration of chin with resulting scar, left degenerative hip, right degenerative hip, chronic left knee disability, chronic right knee disability, and low back pain. The Board found no evidence of a causal relationship between these conditions and service.

The Veteran's TBI and migraines are rated as 30 percent, but his PTSD is rated at 50 percent from October 27, 2021 to July 28, 2022. The Veteran's PTSD rating remains denied.

The Veteran's service connection claims for obstructive sleep apnea, irritable bowel syndrome, chronic fatigue syndrome, gastroesophageal reflux disease, and symptoms of a traumatic brain injury are all granted. The case is also REMANDED for further examination and opinion regarding the claim for service connection for chronic fatigue syndrome.

The Veteran's TBI residuals are granted a 40 percent evaluation prior to April 1, 2017.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance or housebound status is being remanded due to a pre-decisional duty to assist error. The Board finds that medical clarification is required regarding whether the Veteran needs regular aid and attendance due to his service-connected disabilities.

The Veteran's TBI residuals with memory loss and dizziness are rated at 70 percent, but his bipolar disorder, PTSD, depressive disorder, anxiety disorder, and cannabis use disorder remain at their maximum schedular ratings of 100 percent. The appeal is denied as the claim for increased rating has not met the criteria.

The Veteran's claims for migraines, right knee instability, cervical spine disability, and traumatic brain injury have been withdrawn and are dismissed. The claim of service connection for bowel impairment (secondary to TBI) is remanded.,Your effective date for the increased rating of 100% for bipolar disorder remains May 4, 2018, as it is factually ascertainable that an increase in your disability occurred prior to this date.

The Board has denied service connection for TBI, headaches, tinnitus, a low back condition, and an acquired psychiatric disorder as there is no persuasive evidence of current disabilities or a link to service.