Traumatic brain injury (TBI) decisions — 2024

The Board has determined that the Veteran's insomnia disorder is aggravated by his service-connected tinnitus and/or TBI disabilities, and thus grants service connection for this condition on a secondary basis.

The Veteran's acquired psychiatric disorder, including anxiety and major depressive disorder, is granted as secondary to his service-connected traumatic brain injury. His erectile dysfunction is also granted due to in-service urethritis. The Veteran is awarded SMC based on loss of use of a creative organ due to ED. The peripheral vestibular disorder remains at 30 percent, while the migraine headaches are rated at 50 percent.

The Veteran's PTSD with somatic symptom disorder and TBI is rated at 70 percent, which does not meet the criteria for a higher rating.,The Veteran has been found to be unable to secure or follow substantially gainful employment due to his service-connected disabilities. He also meets the requirements for special monthly compensation based on statutory housebound status.

The Veteran's claim for an earlier effective date prior to March 18, 2021, for the grant of a 100 percent rating for PTSD/TBI is denied. The Board found that the increase in rating was not a continuation of his initial claims and did not meet the criteria for an earlier effective date.

The Board has decided to remand the Veteran's claim due to a duty to assist error, specifically failing to provide a VA TBI examination. The Veteran is seeking service connection for residuals of traumatic brain injury (TBI), which may be associated with multiple falls during her military service.

The Veteran's initial rating of 50 percent for MDD with residuals of TBI prior to July 25, 2017 has been granted. The appeals for earlier effective dates and increased ratings have been dismissed as the relief sought has been granted.

The Veteran's claim for earlier effective dates for TDIU and Dependents' Educational Assistance was denied as the evidence did not show that he met the requirements for these benefits prior to August 16, 2016.

The Veteran's TBI residuals are rated at 100 percent effective October 28, 2016. The effective date for the assignment of a 100 percent evaluation for major neurocognitive disorder, somatic symptom disorder, generalized anxiety disorder and obsessive compulsive disorder with residuals of traumatic brain injury is denied.

The claim for an initial increased disability rating in excess of 70 percent for PTSD is denied.,The claim for an initial increased disability rating in excess of 10 percent for hearing loss is denied.,The claim for an initial increased disability rating in excess of 10 percent for tinnitus is denied.,The claim for an initial compensable disability rating for allergic rhinitis is denied.,The claim for service connection for TBI is denied.,The claim for service connection for a bilateral foot disability, to include flat foot pain, is denied.,The claim for service connection for a right ankle lateral collateral ligament sprain is granted.,The claim for service connection for xerosis cutis is granted.

The Veteran's lumbosacral strain is currently rated at 40 percent, and the Board finds that a higher rating is not warranted.,For tension headaches (claimed as ocular migraines), the evidence does not support a compensable rating during either appeal period.

The Board granted service connection for various conditions, including lumbar spine disability and bilateral knee condition. The Veteran's obesity was not found to be a compensable disability. Service connection was denied for jaw condition, skin condition (claimed as athletes' foot), bilateral hearing loss, ED secondary to PTSD, TBI, migraine headaches, residual scar of the head/scalp, scar of the lower back, and right shoulder and right foot scars.

The Veteran's appeal for an increased disability evaluation for her service-connected neurocognitive symptoms due to traumatic brain injury (TBI) is remanded as the evidence is unclear whether these symptoms are distinguishable from her service-connected migraines, other specific trauma and related stress disorder, generalized anxiety disorder with unspecified depressive disorder, and neurobehavioral symptoms due to TBI. A new VA examination is required.

The Veteran's diagnosed obstructive sleep apnea (OSA) is caused by his service-connected traumatic brain injury (TBI). Service connection for OSA as secondary to TBI has been granted.

The Veteran is granted special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected disabilities, but denied SMC at the housebound rate as he does not meet the criteria.

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

The Board has determined that the March 2020 VA examination is inadequate and remands for a new examination to consider all evidence of record, including subjective reports from the Veteran regarding her symptoms. Additionally, the claim for a disability rating in excess of 10 percent for TBI residuals is being remanded due to the need for further development related to headaches.

The Veteran's appeal for a higher disability rating for his acquired psychiatric disorder with TBI was denied as the evidence did not show total social and occupational impairment.

The Veteran's claim for a higher rating for chronic nausea was denied as the symptoms did not meet the criteria for a severe gastric ulcer.,The Veteran's claim for a higher rating for lumbar spine disability prior to July 22, 2021, and from July 22, 2021, were both denied due to lack of evidence showing forward flexion of the thoracolumbar spine to 30 degrees or less.,The Veteran's claim for a higher rating for PTSD with unspecified alcohol-related disorder and traumatic brain injury (TBI) was denied as there was no total occupational and social impairment.

The Veteran's service connection claims for left and right foot frostbite have been granted, as the evidence supports a finding that his current symptoms are related to cold injury sustained during active duty.

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