Traumatic brain injury (TBI) decisions — 2024

The Board denied the Veteran's claim for service connection for a traumatic brain injury (TBI) as there was no persuasive evidence to support a nexus between his current TBI and active service.

The Board has decided to remand the case due to a failure to provide proper notice of the Veteran's right to a hearing prior to the August 2021 decision denying his claim for service connection for residuals of a TBI. The Veteran will be provided with appropriate notice of his right to a hearing before the claim is readjudicated.

The Veteran's claim for an earlier effective date for SMC HB was denied as the evidence did not show that he met the criteria for SMC HB based on his service-connected disabilities and unemployability.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the claims for service connection for TBI and bilateral eye disabilities. The AOJ will now review these claims based on the additional evidence provided.

The Veteran's appeal for service connection for a head injury (claimed as TBI) has been dismissed due to the withdrawal of his appeal by his authorized representative.

The Veteran's TBI condition is not manifested by a level of impairment that warrants a compensable rating, and the Board has determined that an initial non-compensable rating for TBI is most appropriate.

The reduction of the PTSD rating from 70% to 50% was improper, and restoration of the 70% rating is granted.,The reduction of the TBI with Disequilibrium and Mild Imbalance rating from 40% to 10% was proper.

The Veteran's claims for service connection for various disabilities, including TBI, vertigo, sleep apnea, and neurological impairment of the upper and lower extremities due to cold exposure, have been dismissed. The Board found that the Veteran does not have these conditions or their claimed causes.

The Board denied the Veteran's claims for service connection for a back disorder, TBI, and headaches. The evidence did not support finding that these conditions were incurred or aggravated by service.

The Veteran's erectile dysfunction claim is denied as there is no indication of penis deformity.,The Veteran's TBI and headaches claims are remanded due to inadequate examination reports. The AOJ must obtain a new VA examination for these issues.

The Veteran's sleep apnea is granted as service-connected, while his TBI and other conditions are denied. The left knee instability receives a separate rating of 20 percent.

The Board has granted an extension of the delimiting date for the Veteran's educational assistance benefits under Chapter 33, from June 1, 2018 to June 22, 2021, due to his service-connected PTSD and TBI preventing him from pursuing education during this period.

The Board has remanded the Veteran's claims for service connection and special monthly compensation based on aid and attendance due to a pre-decisional duty to assist error. The Veteran is presumed exposed to explosions during service, which may be associated with his TBI.

The Veteran's appeal is remanded due to inadequate VA examinations and the need for a separate examination of his migraine headaches. The claim will be reconsidered with respect to both TBI residuals and secondary service connection for migraine headaches.

The Board has remanded the Veteran's claims for service connection for a traumatic brain injury, lumbar spine disability, and cervical spine disability due to insufficient evidence in the record. The Veteran was exposed to overpressure from firing mortars during service, which may have caused his current disabilities.

The Veteran's claim for service connection for a TBI has been denied as there is no evidence of a current disability and the Board finds that his lay assertions regarding a TBI are not credible.,The Veteran's claim for an increased rating for his left shoulder disorder has also been remanded due to insufficient evidence on record.

The Veteran's right ear hearing loss and TBI have been granted service connection. Service connection for left ear hearing loss, headache disorder, lumbar spine disorder, cervical spine disorder, right shoulder disorder, left knee disorder, and right knee disorder has been denied.

The Veteran's claim for a 100 percent schedular rating for PTSD and TBI residuals was granted effective June 22, 2020. The decision does not specify an earlier effective date.

The Veteran's claim for a rating in excess of 70 percent for PTSD and TBI was denied. The VA examiner found that the symptoms were predominantly due to PTSD, with some overlap from TBI.

The Board has granted service connection for Traumatic Brain Injury and Migraine Headaches, finding that the evidence is approximately balanced to show these conditions are related to the Veteran's military service.