Traumatic brain injury (TBI) decisions — 2024

The Board denied the Veteran's claim for service connection of a traumatic brain injury (TBI) as there is no evidence of residuals from an in-service head injury, and the Veteran's symptoms are more likely related to other conditions such as migraines and posttraumatic stress disorder.

The Board denied service connection for residuals of a traumatic brain injury (TBI) as there was no probative evidence linking the TBI to in-service events.

The Board has granted the Veteran's application for specially adapted housing due to his service-connected disabilities that affect his mobility and require a wheelchair and assistive devices.

The Board has denied the Veteran's claims for service connection for PTSD and TBI, finding that there is no credible evidence of an in-service stressor or injury sufficient to support these diagnoses.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not have a current disability.,A 30 percent rating, but no higher, for GERD is granted. The Veteran has symptoms of considerable impairment of health and the evidence shows that his GERD causes considerable impairment of health.,The Veteran's cervical spine disability is rated at 10 percent as there is pain and some limitation of motion without more severe manifestations such as ankylosis or significant range of motion limitations.,The Veteran's thoracolumbar spine disability is rated at 10 percent due to the presence of pain and some limitation of motion, but without evidence of more severe manifestations like ankylosis or significant range of motion limitations.,The Veteran's TBI residuals are not shown to warrant a rating in excess of 10 percent as they do not meet the criteria for higher ratings under Diagnostic Code 8045.,The Veteran's psoriasis is not shown to manifest as characteristic lesions involving at least 5 percent of the entire body or requiring intermittent systemic therapy, thus preventing him from receiving a compensable rating.

The Board has determined that the Veteran's need for regular aid and attendance is remanded, as well as a reasonably raised claim for temporary total disability rating due to lumbar spine surgery. The AOJ will conduct further evaluations and adjudications.

The Veteran's request for an extension of his delimiting date to utilize his Post-9/11 GI Bill education benefits was granted due to medical infeasibility caused by mental and physical disabilities, including PTSD and TBI. The extension is subject to laws governing the payment of monetary benefits.

The Board has remanded the Veteran's claims for an initial disability rating in excess of 10 percent for residuals of a traumatic brain injury (TBI) and entitlement to a total disability rating based on individual unemployability (TDIU). The AOJ will obtain additional medical opinions to address the nature, frequency, and severity of the Veteran's TBI-related symptoms.

The Veteran's service-connected traumatic brain injury has rendered him in need of regular aid and attendance, requiring hospitalization or institutional care if he cannot rely on his spouse for assistance. The Board granted a higher level of special monthly compensation (SMC) for this condition.

The Veteran is granted special monthly compensation at the 38 U.S.C. 1114(l) rate for needing regular aid and attendance due to his service-connected TBI, but denied SMC(t) for requiring a 'higher level of care' due to his TBI.

The Board granted a total (100 percent) disability rating for the Veteran's PTSD with alcohol use disorder and residuals of a traumatic brain injury, effective from November 17, 2019.

The Board denied the Veteran's motion to revise or reverse the August 24, 1999 rating decision because it found no clear and unmistakable error in not granting service connection for TBI. The evidence did not show a separate TBI diagnosis apart from headaches.

The Board has determined that the Veteran's TBI is a current disability and was incurred in service, granting his claim for service connection.

The Veteran's appeal for a higher level of special monthly compensation (SMC) based on his service connection for Traumatic Brain Injury (TBI) was dismissed as he withdrew the appeal via his representative.

The Board has granted service connection for Traumatic Brain Injury (TBI) effective September 21, 2018. The Veteran's claim arose prior to this date.

The Veteran's rating for unspecified depressive disorder and TBI was denied as it did not meet the criteria for a higher rating. The effective date of service connection for these conditions was also denied.

The Veteran's TBI is not manifested by symptoms warranting more than a '1' in any facet of cognitive impairment and other residuals of a traumatic brain injury, resulting in a rating of 10 percent.,The Veteran's Adjustment Disorder with Depressed Mood is characterized by symptoms such as depressed mood and chronic sleep impairment, which are associated with a 30 percent disability rating.

The Veteran's service-connected mild neurocognitive disorder due to a TBI and post-concussion headaches are currently rated at 40 percent prior to January 8, 2024. The Board found the evidence did not support an increased rating.

The Veteran's request for restoration of a 40 percent disability rating for TBI with vertigo central origin is granted. The issue of service connection for COPD secondary to TBI is denied, and the claim for sleep apnea is dismissed due to untimely filing.

The Veteran's service-connected disabilities have necessitated his reliance on others to attend to his daily personal activities, and the Board has determined that he requires regular aid and assistance due to his service-connected conditions. As a result, special monthly compensation based on the need for aid and attendance is granted.