Traumatic brain injury (TBI) decisions — 2024

The Veteran's claim for a higher level of special monthly compensation (SMC) at the 38 U.S.C. 1114(t) rate is denied because his TBI residuals do not require personal health-care services provided on a daily basis in the home by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed health-care professional.

The Board found that the discontinuation of a separate 10 percent rating for residuals of TBI was proper and denied the Veteran's request to restore the previous rating.

The Veteran's claims for service connection are remanded due to the need for additional development, including examinations and medical records review. The TDIU claim is also remanded.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disability, a traumatic brain injury (TBI) disability, and a migraine headache disability due to lack of evidence of current disabilities at any time during or recent to the filing of the claims.

The Veteran and the attorney have a competing interest in the monetary amount of past-due benefits awarded by the August 2022 rating decision, including CRDP fee portion established by the December 2022 administrative decision. The appeal is remanded for referral to VA's Office of General Council to complete the necessary reasonableness review.

The Veteran's claim for an effective date prior to June 11, 2020, for a 50 percent evaluation of PTSD with TBI is denied.,The Veteran's claim for a 10 percent evaluation for a neck scar disability from November 15, 2011, is denied.,The Veteran's initial claim for an effective date prior to November 15, 2011, for a neck disability is denied.,The Veteran's claim for an earlier effective date for RUE radiculopathy prior to June 11, 2020, is dismissed as the AOJ granted a full grant of benefits on this issue.,The Veteran's claim for a 20 percent evaluation for a lumbar spine disability from November 15, 2011, through June 11, 2020, is denied.

The Veteran's appeals for service connection on the merits were denied. The appeal as to whether he submitted a valid claim of service connection for residuals of a TBI, right shoulder disability, and penile disability was dismissed due to untimeliness.

The Veteran's right hand calluses are denied as there is no evidence of chronicity of care for his right hand friction burn, and the VA opinions found that it is less likely than not that the current right hand calluses were caused by service. The left ear hearing loss is also denied as the auditory thresholds in both ears did not meet the criteria for a disability.,The Veteran's neck condition, memory loss due to traumatic brain injury, ulnar nerve condition, left hand and right hand nerve conditions, acquired psychiatric disorder (including PTSD), bilateral flat feet and bunions, bilateral hallux valgus/bunions, and bilateral hammer toes are all remanded as further development is needed.

The Board has granted the Veteran's claim for service connection for residuals of traumatic brain injury, finding that there is a causal relationship between the in-service head injury and the current diagnosis.

The reduction in rating for TBI from 70% to 0% and combination of the separate ratings for TBI and PTSD, effective March 1, 2022, was improper. The Veteran's TBI symptoms have not improved to warrant a reduction.,Entitlement to a higher rating for PTSD is denied.

The Veteran's service-connected TBI, headaches, and right hip disabilities have rendered him unable to engage in substantially gainful employment due to their combined impact on his ability to work. The Board has granted a total disability evaluation based upon individual unemployability.

The Veteran's appeal for an increased rating for residuals of mild traumatic brain injury with post-traumatic headaches was denied. The evidence did not show that the condition resulted in Level 2 impairment, which is necessary to warrant a 40 percent rating.,The Veteran's application for TDIU was also denied as his service-connected disabilities alone do not meet the schedular criteria for individual unemployability.

The Board dismissed the appeal for service connection of TBI due to it being untimely filed and violating the prohibition against concurrent elections.

The Veteran's appeal has been withdrawn, and the Board is dismissing all issues on appeal.

The Veteran's service connection claims for bilateral hearing loss and traumatic brain injury were denied, while his right ankle disabilities received initial disability ratings of 20 percent each. The claim for TDIU was also denied.

The Board has reopened the Veteran's claims for service connection for acquired psychiatric disorder, PTSD, traumatic brain injury residuals, and bilateral eye condition due to traumatic brain injury. The claims are now remanded for further development.

The Board has remanded the case due to an inadequate medical opinion regarding whether the Veteran's dementia was aggravated by his service-connected hearing loss.

The Veteran's unspecified depressive disorder and traumatic brain injury are rated at 70 percent since the date of service connection, September 9, 2019. The symptoms include suicidal ideation, mild memory loss, near continuous depression affecting function, and difficulty in establishing and maintaining effective work and social relationships.

The Board has determined that additional development is needed for the Veteran's claims of increased ratings for a back disability, migraine headaches, and traumatic brain injury residuals. The case will be remanded to allow for further examination and evaluation.

The Veteran's cervical neck strain is currently rated at 20 percent, effective May 2021.,The Veteran's thoracolumbar strain was granted a 20 percent rating from January 4, 2021, to September 30, 2020.