Traumatic brain injury (TBI) decisions — 2024

The Board has determined that the Veteran's TBI and PTSD symptoms are already accounted for under their current combined rating, so a separate rating for TBI residuals is denied.

The Veteran's claims for earlier effective dates for increased ratings of generalized anxiety disorder and cognitive disorder with TBI residuals are denied as there is no evidence of worsening within the one-year period prior to his December 4, 2012 claim.,There is no basis to award an earlier effective date than December 4, 2012 for these claims.

The Veteran's TBI residuals are rated at 40 percent since October 23, 2008. The appeal is denied for a higher rating prior to that date.

The Veteran's psychiatric disorder was rated at 50% prior to May 22, 2022 and increased to 70% effective June 8, 2022. The appeal is remanded for further review of the low back disability claim.

The Veteran requested to withdraw his appeal for special monthly compensation (SMC) based on the need for regular aid and attendance. The Board dismissed this appeal as per the Veteran's request.

The Veteran's TBI has been granted a 10 percent rating, but no higher. The appeal for increased ratings on other issues is remanded.

The Board has remanded the Veteran's claim of entitlement to a compensable rating for residuals of traumatic brain injury due to insufficient evidence regarding his TBI symptoms. The Veteran is directed to undergo a VA examination to clarify and document his TBI symptoms.

The Board has decided to remand the claims of service connection for TBI and SMC(t) due to unresolved issues regarding whether the Veteran's TBI is aggravated by his service-connected psychiatric condition. The case will be returned to the AOJ for further review.

The Veteran's claims for earlier effective dates prior to October 26, 2012, for the grants of service connection for TBI and migraine headaches were denied in a February 2020 Board decision. The Veteran did not appeal these decisions or file a supplemental claim with new and relevant evidence.,The Veteran's December 2022 VA Form 10182 Notice of Disagreement (NOD) does not set forth contended errors of fact or law in the February 2020 Board decision nor does it plead with particularity any such errors such that the NOD can be construed as either a motion for reconsideration or a motion to revise the Board's February 2020 decision.

The Veteran's claims for service connection for recurrent cervical spine and lumbar spine disabilities are remanded due to the absence of a VA examination addressing these conditions.,Service connection is denied for right ear hearing loss, recurrent traumatic brain injury residuals, left ear hearing loss, recurrent cervical spine disability, recurrent lumbar spine disability, recurrent right knee disability, recurrent right ankle disability, recurrent left ankle disability, recurrent nasal disability, and recurrent gastrointestinal disability.

The Veteran's right shoulder strain, impingement syndrome and rotator cuff tendonitis are found to be service-connected. The lumbar spine disorder is denied as there is no current diagnosis prior to the filing of the claim. Other conditions such as painful scars, hand disorders, elbow disorders, knee disorders, traumatic brain injury, vertigo, cervical spine disorder, wrist disorders, arm disorders, hip disorders, shin disorders, ankle disorders, and foot disorders are also denied.

Your previous claim for an increased rating for TBI with residuals was granted in a June 2024 decision, and the current appeal is dismissed as you had not withdrawn your previously appealed claim.

The Veteran's appeal has been dismissed as the appellant withdrew their appeal through their authorized representative.

The Veteran's appeals for service connection and rating were dismissed due to their death.

The Board has granted an effective date of June 17, 2008 for the grant of a TDIU based on the Veteran's service-connected disabilities. The decision is subject to regulations governing payment of monetary awards.

The Board has decided to remand the case due to conflicting evidence regarding whether the Veteran sustained a traumatic brain injury in service and if he has residuals from any potential head injury. The appeal is not about service connection for TBI, but rather about the adequacy of the examination provided by VA.

The Veteran's service connection claims for PTSD with TBI and vertigo, headaches, lumbosacral strain, sciatica (both sides), shoulder rotator cuff tendonitis (both sides), tinnitus, and bilateral varicocele and hydrocele are granted effective April 26, 2022.

The Veteran's appeals for increased ratings for migraine headaches and PTSD, bipolar II disorder, and persistent depressive disorder with traumatic brain injury have been dismissed due to the Veteran's withdrawal of his appeal.

The Board has remanded the claims for service connection due to insufficient evidence and need for additional examinations.

The Veteran's adjustment disorder with mixed anxiety and depressed mood, panic disorder, and TBI is granted a 100 percent rating effective from June 25, 2021. Additionally, the Veteran is granted SMC at the housebound rate.