Traumatic brain injury (TBI) decisions — 2024

The Board denied the Veteran's claim for service connection for Traumatic Brain Injury (TBI) as there is no evidence of a current disability and no medical nexus linking an in-service injury to a present condition.

The Board has decided to remand the case due to an inadequate examination, requiring further development and a new assessment of the Veteran's TBI residuals.

The Veteran's TDIU claim is granted with an effective date of January 31, 2019. The decision also notes that the Veteran was last employed in January 2019 and met the schedular criteria for a TDIU at that time.

The Board has granted service connection for TBI residuals and Meniere's syndrome, finding that the Veteran's current disabilities are at least as likely as not related to his in-service duties. Service connection for a left-hand condition is denied.

The Veteran's ratings for migraines and PTSD were restored, while the rating for TBI was restored to a separate 40% level. The reduction in migraines' rating from 30% to 10% is granted, as well as restoring the separate rating for TBI.

The reduction of the Veteran's PTSD rating from 100% to 70% was improper, and his rating is restored to 100%. From July 1, 2022, he is also entitled to SMC at the housebound rate.,The Veteran's PTSD with MDD and TBI has been rated as 100%, but additional service-connected disabilities are independently ratable at least 60% from July 1, 2022.

The Board has remanded the Veteran's claims for service connection and rating determinations due to incomplete development, including a missing medical report and an addendum opinion on the nature and etiology of his TBI. The AOJ is instructed to obtain the missing report and provide an addendum opinion addressing whether the Veteran has a current disability related to a TBI and if so, whether it is related to service.

The Veteran's claim for an earlier effective date of August 4, 1978 for the award of service connection for PTSD with alcohol use disorder is granted. The appeal regarding a rating in excess of 100 percent for PTSD with alcohol use disorder and TBI is denied.

The Veteran's rating for unspecified depressive disorder was reduced from 70% to 50%, effective March 2, 2022. The appeal for restoration of the 70% rating is granted.,The claim for a separate evaluation of 10% for mild traumatic brain injury due to TBI has been granted and effective October 23, 2008.

The Board has remanded the claims for service connection due to incomplete records and issues related to verifying a claimed stressor. The appellant's spouse and ex-spouse have provided descriptions of symptoms consistent with psychiatric disorders, including TBI. Additional development is needed to address these issues.

The Veteran's claim for a higher rating for right knee degenerative arthritis with ACL insufficiency and medial meniscus tear was denied.,Service connection for PTSD, psychiatric disorder other than PTSD, TBI, and tinnitus were all denied.

The Veteran's heart condition and hypertension are service-connected, but the lumbar spine disability is dismissed due to a full grant of benefits. Service connection for TBI, bilateral eye condition (secondary), and headaches (secondary) is denied.

The Veteran's PTSD with MDD and TBI with vertigo are currently rated at 30 percent from January 23, 2014 to October 30, 2016. The Veteran seeks a higher rating.

The Board denied the Veteran's claims for service connection for frostbite of the upper and lower extremities, dizziness and unsteady gait, poor appetite and low weight, and diabetes mellitus due to a lack of evidence showing these conditions were incurred or related to his military service.

The Veteran's entitlement to SMC based on regular aid and attendance due to residuals of TBI is granted, and the separate 100% disability rating for his residuals of TBI is restored.

The Veteran's claims for service connection for TBI and increased ratings for insomnia disorder, hip strains, groin strain, shin splints, and left knee instability have been denied. The Board found that the evidence did not support a current diagnosis of TBI or persistent symptoms related to military service.

The Veteran's appeals for special home adaptation grant and housing eligibility were denied. Her claims for increased ratings for posttraumatic headaches, traumatic brain injury with PTSD, and lumbosacral strain were also denied.

The Veteran's claim for a 100% evaluation for PTSD and TBI with persistent depressive disorder, alcohol use disorder, mild neurocognitive disorder, and cannabis use disorder is granted effective November 27, 2013. SMC benefits at the 's' rate based on housebound status are also granted from this date.

The Board has granted service connection for the Veteran's TBI residuals, finding that his symptoms are related to a head injury sustained during active service.

The appeal for an initial compensable disability rating for bilateral pterygium before March 2, 2021 is dismissed. The appeals for effective dates earlier than September 7, 2020, for service connection of bilateral pterygium and TBI are denied.