Traumatic brain injury (TBI) decisions — 2024

The Board has denied the claims of service connection for anxiety, PTSD, depression, and TBI as no new and relevant evidence was received since the November 2021 rating decision.

The Veteran's PTSD with TBI is rated at 70 percent, but the appeal for a higher rating is denied. A separate 30 percent rating for vertigo as a residual of the service-connected TBI is granted from April 19, 2021.

The Veteran's PTSD with TBI and sleep disturbance is currently rated at 70 percent, which is the maximum schedular rating available. The Veteran's migraines are currently rated at 50 percent.

The Board has determined that the Veteran's claims for service connection for tinnitus, seizures, and TBI are remanded due to insufficient opinions regarding secondary service connection. Additional VA examinations and medical opinions are needed.

The Veteran's claims for diabetes and hypertension have been denied as there is no evidence of a chronic condition during service or within the applicable presumptive period.,Service connection has not been established for these conditions.

The case is remanded for additional development to ensure compliance with prior remand instructions, specifically regarding the adequacy of examinations and addressing the Veteran's TBI manifestations.

The Veteran's PTSD and TBI have been rated at 70 percent, but not higher. The issue of entitlement to a Total Disability Rating Based on Individual Unemployability (TDIU) is moot as the grant of a 70 percent rating for PTSD and TBI has resulted in a total combined evaluation.

The Board has remanded the Veteran's claims for a combined rating for PTSD with TBI, an earlier effective date for TDIU and DEA. The AOJ is instructed to obtain private treatment records from Dr. Ahmed.

The Board granted a 70 percent rating for the Veteran's service-connected TBI residuals, effective July 13, 2010, and denied a higher rating for his left foot disability. The appeal of the denial of service connection for ED secondary to DM was dismissed.

The Veteran's TBI was granted a 40 percent disability rating from April 20, 2017 to September 19, 2018. The Veteran's sinusitis and nasal bone disability were denied increased ratings prior to February 26, 2024.

The appeal of the proposed reduction in the evaluation of PTSD with amphetamine abuse disorder and alcohol abuse disorder, and TBI from 50 percent to 0 percent is dismissed as no actual reduction has occurred.

The Board denied earlier effective dates for service connection of various conditions, including degenerative arthritis of the spine, bilateral lower extremity radiculopathy, and other disabilities. The earliest effective date assigned was October 28, 2020.

The Board denied the Veteran's claim for an evaluation in excess of 70 percent for PTSD with TBI, finding that his symptoms did not warrant a higher rating.

The Board has dismissed the appeals regarding proposed reductions in ratings for PTSD and TBI as the Veteran's NOD was submitted prematurely.

The Veteran's appeal for an increased rating in excess of 100 percent for the service-connected psychiatric disability from August 16, 2020 is denied as he is already receiving the maximum schedular disability rating. The case for service connection for obstructive sleep apnea (OSA) due to the service-connected psychiatric disability is remanded.

The Board has remanded the case due to inadequate VA examinations and duty-to-assist errors, requiring further evaluation of the Veteran's TBI residuals.

The Board denied the veteran's claims for a higher disability rating and total disability rating based on individual unemployability due to service-connected disabilities.

The Board has determined that the Veteran's current cognitive impairments are at least in part related to his in-service TBI, and thus service connection is granted for residuals of a TBI.

The Veteran's claim for a TDIU based on a single service-connected disability was denied as there is insufficient evidence to substantiate that he is unemployable due solely to his GAD with cognitive disorder and TBI.

The Board has determined that the effective dates for the Veteran's service-connected PTSD and TBI should be corrected to reflect earlier periods, but further review is needed to determine the appropriate rating and whether a TDIU claim should proceed under extraschedular criteria.