Traumatic brain injury (TBI) decisions — 2024

The Veteran's headaches are rated at 50% due to very frequent completely prostrating and prolonged attacks, which significantly impact his ability to work.,PTSD is rated at 70%, reflecting occupational and social impairment with deficiencies in most areas.

The Veteran's appeal is remanded to determine if he meets the criteria for SMC(t) due to his service-connected TBI, specifically needing regular aid and attendance.

The Board has remanded the Veteran's claims for service connection for TBI, brain surgery, bilateral upper and lower extremity weakness and incoordination, dysphagia, anosmia, and vertigo due to insufficient evidence or opinions provided by VA examiners.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since July 15, 2019.

The Veteran's claims for service connection are remanded due to inadequate VA examination opinions and the need for additional medical examinations.

The Veteran's claim for an earlier effective date for tinnitus is denied.,Service connection for bilateral hearing loss and TBI are both denied.,The Veteran's psychiatric disorder, including anxiety, depression, and PTSD, is remanded for further development.

The Veteran's appeal involves claims for separate disability ratings for major depressive disorder and traumatic brain injury (TBI), as well as a request for an earlier effective date for the increased rating of 50 percent for major depressive disorder with TBI. The Board has found multiple pre-decisional duty to assist errors, necessitating remand for further development including medical opinions on whether symptoms can be separated and attributed to different diagnoses without resorting to speculation.

The Board has determined that the Veteran's TBI was incurred during active military service and is granting service connection for this condition.

The Board has dismissed the appeal of service connection for a right wrist disorder, sleep disturbances, TBI, fatigue, bilateral ankle disorders, and a cervical spine disorder as they were fully addressed in a previous July 2024 decision.

The Veteran's PTSD with TBI symptoms caused significant impairment in reliability and productivity, but did not meet the criteria for a higher rating as his symptoms were consistent with a 50 percent disability rating.

The Veteran's PTSD is not rated higher than 70 percent.,A 50 percent rating for migraines from July 26, 2011 has been granted.,The Veteran's TBI with migraines does not warrant a rating greater than 40 percent.,Eligibility to Dependents' Educational Assistance (DEA) was granted effective October 21, 2017.

The Veteran's claims for effective dates prior to February 19, 2021 were denied. The Board found that the evidence did not demonstrate a factually ascertainable increase in disability within one year prior to the date of claim.,The Veteran was granted service connection and increased ratings for TBI, bilateral hearing loss, tinnitus, scar on the right side of the head, and residuals headaches as of February 19, 2021. The Board denied claims for earlier effective dates.

The Veteran's appeal of increased ratings for PTSD with TBI and AUD, as well as headaches, has been dismissed due to the April 2021 rating decision implementing a March 2021 Board decision being considered purely ministerial.

The Veteran's service-connected depressive disorder with TBI and headaches have been granted effective from June 1, 2010. A 70 percent rating has been assigned for depressive disorder since August 13, 2020, and a total disability rating based on individual unemployability (TDIU) has also been granted.

The Veteran's appeal was dismissed due to their death during the pendency of the appeal. The Board cannot issue a decision on the underlying claims at this time.

Your appeals for service connection for Traumatic Brain Injury and Headaches have been dismissed due to procedural issues.

The Board has determined that the Veteran's claim for VR&E services, including independent living assistance, was not properly considered due to a pre-decisional duty to assist error. The case is being remanded to provide the necessary assessments and determine eligibility for such services.

Service connection for excessive body hair of the face, neck, chest, stomach, and feet has been granted.,An effective date earlier than February 19, 2020, for service-connected cracked tooth has been granted.,The Veteran's claim for an effective date earlier than January 15, 2020, for PTSD is denied.,The Veteran's claim for an effective date earlier than January 15, 2020, for TBI is denied.,Service connection for asthma including as due to undiagnosed illness remains pending and requires further development.

The Veteran's service-connected disabilities, including traumatic brain injury and PTSD, have resulted in the need for regular aid and attendance of another person. The Board finds it at least as likely as not that the Veteran is in need of such assistance due to his service-connected conditions.

The Board denied the appellant's claim for a disability rating in excess of 70 percent for his service-connected PTSD, finding that the severity, frequency, and duration of his PTSD symptoms most closely approximated the criteria for a 70 percent disability rating.