Traumatic brain injury (TBI) decisions — 2024

The Board has decided to remand the case due to incomplete records and the need for a VA examination to determine the etiology of the Veteran's claimed bilateral hand frostbite disability, including any residuals.

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 the medical opinions were against the claim.

The Board found that the grants of service connection for TBI to include PTSD and vertigo, as well as post traumatic headaches (migraines), were clearly and unmistakably erroneous due to the Veteran's willful misconduct during military service. The appeal is denied.

Service connection for Traumatic Brain Injury (TBI) is granted.,Service connection for a Headache Condition is denied. The Veteran's report of headaches during service does not support current diagnosis.,Service connection for Bilateral Hearing Loss remains pending and remanded to obtain additional medical opinions regarding exposure to burn pits.,Service connection for Prostate Condition remains pending and remanded to obtain additional medical opinions regarding toxic exposures at Camp Lejeune.

The Veteran's PTSD with TBI was rated at 70 percent from October 22, 2011, to July 14, 2012. The rating is granted for a higher rating of 100 percent since July 14, 2012.

The Board has remanded the claim due to inadequate VA examinations and medical opinions, requiring a new examination and opinion.

The Board has decided to remand the cases of spinal cord injury and traumatic brain injury for further review due to a duty to assist error. The VA examiner's opinion is inadequate as it did not address the Veteran's current diagnoses, including alcohol use disorder and panic attacks.

The Board found that the Veteran's combined disability rating was 90 percent from March 10, 2021 to June 14, 2021 and denied a higher rating.

The Board denied service connection for a traumatic brain injury and secondary service connection for cervical spine disability due to TBI, finding no probative evidence of a current TBI or causal relationship.

The Veteran's TBI and depressive disorder are now rated at 100% effective March 11, 2022.,Special monthly compensation is granted from March 11, 2022.

The Board has dismissed the appeal of a proposed reduction from 70% to 40% for TBI, as it was premature and not ripe for appeal. The remaining issues have been remanded for further examination.

The Veteran's claim for an earlier effective date prior to March 19, 2020, for the award of special monthly compensation (SMC) based on housebound status is denied as he did not meet the statutory requirements at that time.

The Board denied service connection for residuals of a traumatic brain injury (TBI) as there was no evidence to support the claim, including from combat service.

The Board has determined that the Veteran's TBI is related to his service, and therefore grants the claim for service connection.

The reduction of the evaluation for post-concussive headaches from 30% to 10% was not proper, and the Veteran's claim is granted. The entitlement to an initial compensable disability rating for irritable bowel syndrome is denied. The right shoulder disability remains remanded.

The Veteran's claim of service connection for GERD secondary to PTSD with TBI is remanded due to duty-to-assist errors and the need for a more specific medical opinion regarding causation and aggravation.

The Board has denied the Veteran's claims for service connection for TBI, CFS, fibromyalgia, sleep disturbances, nightmare disorder and anxiety, as well as a compensable initial disability rating for right eye posterior vitreal detachment. The claims are remanded to obtain additional medical examination regarding foot, ankle, knee, hip, and shoulder disorders.

The Veteran's right foot disability is granted with a 20% rating. The claims for higher initial ratings for cerebellar tonsillar ectopia, service connection for acute strain of the right ankle, and service connection for shingles are REMANDED.

The Veteran's PTSD with polysubstance dependence and TBI resulted in occupational and social impairment with deficiencies in most areas prior to December 1, 2019. From December 1, 2019, to July 5, 2021, the impairment did not meet the criteria for a higher rating. Beginning September 1, 2021, the impairment continued without meeting the criteria for a higher rating.

The Veteran's migraine headaches are granted as secondary to his service-connected TBI. Service connection for TBI is granted with a 10 percent evaluation, effective October 3, 2020. The Veteran's appeal regarding an initial evaluation greater than 10 percent for TBI is denied.