Traumatic brain injury (TBI) decisions — 2024

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of April 1, 1999. Effective dates for TDIU and DEA benefits are granted.

The Veteran withdrew his appeal prior to the Board's decision, leaving no issues for review.

The Board granted an initial 10 percent rating for the Veteran's TBI, effective January 27, 2012.

The Veteran's TBI alone was sufficient to support a total disability rating based on individual unemployability (TDIU) from December 22, 2016, and SMC at the housebound rate was granted effective March 4, 2024.

The Veteran's appeal for an initial rating in excess of 70 percent for his major depressive disorder with residuals of traumatic brain injury has been dismissed due to the withdrawal by the appellant.

The Veteran's service-connected disabilities render her in need of the regular aid and attendance of another person, with all reasonable doubt resolved in her favor.

The Veteran's appeals for a rating in excess of 70 percent for PTSD and TBI, basic eligibility to DEA prior to March 20, 2020, and TDIU prior to March 20, 2020, are dismissed due to the restoration of his 100 percent rating for PTSD and subsequent withdrawal of claims.

The appeal of the deferred claim for bilateral knee condition is dismissed. The denial of service connection for TBI and psychiatric disorders, including anxiety, depression, and adjustment disorder, is upheld. The claims for sinus condition are remanded.

The Veteran's service connection for a respiratory disability, to include sleep apnea, is denied.,A separate compensable rating of 100 percent for posttraumatic stress disorder (PTSD) with traumatic brain injury is granted. The effective date prior to April 15, 2021, for the award of service connection and a compensable rating for posttraumatic headaches is denied.

The Board has decided to remand the case due to a failure to provide a VA examination for service connection of TBI. The claim will be returned to the RO for further action.

The Board has granted the appellant's claims for service connection for a spinal injury, right brachial plexus injury, and traumatic brain injury, finding that these conditions were incurred while in transit from a period of inactive duty for training (IDT).

The Board has denied the Veteran's claims for service connection for various conditions, including right forearm disability, left forearm disability, neck sprain, bilateral hearing loss, right-hand disability, and traumatic brain injury. The evidence does not support a finding of current disabilities or an in-service event, injury, or disease related to these conditions.

The Board has denied the Veteran's claims for service connection for TBI, right ear hearing loss, and left ear hearing loss due to a lack of evidence linking these conditions to his military service.

The Board has decided to remand the Veteran's claim for VR&E benefits, as there was a pre-decisional duty to assist error. The AOJ will consider additional evidence and re-evaluate the Veteran's employment handicap.

The Board has determined that new and relevant evidence has been received to readjudicate the claim of service connection for frostbite left foot. The case is now remanded for further review.

The Veteran's appeals regarding various conditions were dismissed as she did not file a timely VA Form 10182 within the allowed time frame.

The Board has denied the Veteran's claims of service connection for Traumatic Brain Injury and Bilateral Hearing Loss due to lack of current diagnoses or evidence of in-service incurrence or aggravation.

The Board granted a disability rating of 100 percent for PTSD with TBI, as the Veteran's condition causes total occupational and social impairment.

The Veteran's PTSD with TBI was granted a 70% evaluation effective December 10, 2020.,An earlier effective date for the 70% rating is denied.

The Board denied a rating in excess of 70 percent for PTSD with TBI residuals, granted a separate rating for gait disturbance as a residual of TBI, and denied an effective date prior to May 26, 2020, for the 50 percent evaluation of migraine headaches including migraine variants.