Traumatic brain injury (TBI) decisions — 2024

The Veteran withdrew his appeal regarding the issue of entitlement to service connection for a TBI.

The Veteran's TBI residuals are rated under Diagnostic Code 8045. The VA examiner found that the impairment regarding facets pertaining to memory, attention, concentration, executive functions; judgment; social interaction; orientation; and visual spatial orientation are attributable to his schizophrenia rather than the TBI.

The Veteran's appeal is remanded for further development to address the etiology of his TBI and to distinguish PTSD symptoms related to service from those related to a fall in 2014. The rating for PTSD prior to June 15, 2023 and in excess of 70 percent thereafter is also remanded.

The Board has dismissed all appeals for initial compensable ratings and service connection due to the appellant's withdrawal of the appeal.

The Board has remanded the Veteran's claims for service connection for depression, traumatic brain injury (TBI) claimed as head injury, and migraines due to a pre-decisional duty to assist error in not providing the Veteran with necessary VA examinations.

The Veteran's appeals concerning traumatic brain injury and night terrors have been dismissed due to the Veteran's withdrawal of all issues in this appeal.

The Veteran's initial rating for residuals of a traumatic brain injury is denied, and the claim for TDIU is remanded.

The Board has determined that the AOJ did not adequately schedule a VA PTSD Disability Benefits Questionnaire (DBQ) for the Veteran, which is necessary to properly evaluate his service-connected psychiatric disorder. As a result, the case is being remanded to allow for this examination.

The Veteran's service-connected Traumatic Brain Injury does not meet the criteria for special monthly compensation based on aid and attendance (SMC(t)) due to his need for personal healthcare services provided by a licensed professional, as he receives such care from his wife. Without meeting the requirement of higher level care defined in 38 C.F.R. § 3.352(b)(3), SMC(t) cannot be awarded.

The Veteran's claims for residuals of TBI and headaches have been granted. The claim for neck disability is being remanded due to procedural errors.,Service connection has been established for the Veteran's residuals of a traumatic brain injury (TBI) and headaches, but his neck disability remains under review.

The Veteran's claims for service connection for various conditions, including traumatic brain injury, vertigo, shoulder disabilities, elbow and wrist disabilities, hand disabilities, hip disability, ankle disabilities, respiratory breathing problems, frontal sinusitis, and rhinitis are denied. The Board notes that the Veteran is presumed to have been exposed to fine particulate matter during his service in Southwest Asia during the Persian Gulf War.,Service connection for frontal sinusitis and rhinitis is granted based on presumptive exposure to fine particulate matter due to service in Southwest Asia.

The Veteran's TBI residuals of dizziness/vertigo and gait, coordination, and balance issues are rated at a 10 percent level due to mild interference with instrumental activities of daily living or work.

The Veteran's appeal has been withdrawn by his authorized representative, and the Board is dismissing the case as a result.

The Board has granted the Veteran's claim for payment of unauthorized non-VA medical care provided on December 23, 2020. The care was emergent and delayed treatment would have been hazardous to his health. The Veteran's service-connected disabilities were aggravated by this emergency care.

The Veteran's service-connected disabilities did not prevent him from securing and maintaining substantially gainful employment prior to August 24, 2021.

The September 25, 2018 rating decision assigned a 70 percent rating for TBI residuals with PTSD. The Veteran's claim of clear and unmistakable error (CUE) in this decision was denied as the evidence did not support separate ratings.

The Veteran's service-connected unspecified anxiety disorder, major depressive disorder, and TBI did not result in occupational and social impairment with reduced reliability and productivity prior to January 29, 2018.,After January 29, 2018, the Veteran's psychiatric disability did not meet the criteria for a rating greater than 70 percent.

The Veteran's MDD with TBI is rated at 70 percent from August 6, 2019 to September 8, 2020. The initial compensable rating for migraine headaches prior to September 8, 2020 is denied. An effective date prior to September 8, 2020 for SMC based on housebound criteria is also denied. Service connection for right knee strain, left knee strain, and back strain are granted.

The Veteran's service-connected disabilities, in combination, render him unable to secure and follow a substantially gainful occupation consistent with his education and work history.

The Board has determined that the Veteran's TBI is related to in-service head injuries, but a new medical opinion is needed to support this finding.