Traumatic brain injury (TBI) decisions — 2024

The Board has determined that the Veteran's right knee, low back, and traumatic brain injury (TBI) claims should be remanded for further development due to inadequate examinations in July 2016.

The Veteran's service connection claims for PTSD, TBI, craniotomy, orbital fracture, facial and scalp scars, radial nerve injury, shrapnel injuries, loss of smell, seizures, right wrist injury, and tinnitus are granted. Additionally, the Veteran is awarded Special Monthly Compensation (SMC) for anatomical loss of the left eye.

The Veteran's appeals for service connection for bilateral hearing loss, obstructive sleep apnea, and traumatic brain injury have been dismissed.,The Veteran's appeals for service connection for lumbosacral spine disability, right arm/shoulder disability, and headache (including tension and migraine) are being remanded.

The Veteran's PTSD with major depressive disorder and TBI are rated at 70 percent, but the appeal for a higher rating is denied. Service connection for posttraumatic residual pain of the left knee is granted, while the appeal for migraine headaches remains pending.

The Veteran's PTSD and TBI have been granted a 70 percent disability rating, effective from January 18, 2013. Right ankle tenosynovitis has also been granted service connection.

The Veteran's TBI residuals are rated at 70 percent for the entire period on appeal, with a finding of equipoise in favor of granting this rating.

The Board has denied service connection for bilateral petrous apex cephaloceles, TBI, migraine headaches, and a bilateral eye condition. The claim for a bilateral ankle condition is remanded due to the lack of an adequate VA examination.

The Veteran's claims for service connection for degenerative disc disease, PTSD, and TBI are being remanded due to the need for additional development regarding the incident at Fort Campbell in June 2006.

The Board has determined that the Veteran's TBI, which he claims was incurred during service in a 2003 Humvee accident, is service-connected. The decision resolves all doubts in favor of the Veteran.

The Veteran's disability rating for traumatic brain injury with headaches, photophobia, and cognitive impairment was reduced from 100 percent to 70 percent effective March 1, 2021. The Board found the reduction improper and restored the 100 percent rating.

The Veteran's appeal for a higher rating for bipolar II disorder with unspecified neurocognitive disorder with traumatic brain injury is being remanded due to the need for additional development.

The Board has granted the Veteran's claim for service connection for GERD as secondary to her service-connected PTSD with insomnia and TBI, finding that there is a causal nexus between the two conditions.

The reduction of the rating for PTSD with TBI from 100 percent to 70 percent effective July 1, 2021, was improper. The Veteran's condition has not improved under ordinary conditions of life and work, so the rating is restored to 100 percent.

The Veteran's service connection claims for Traumatic Brain Injury, Cervical Spine Disability, and Back Disability have been denied. The Board found no evidence of a current disability in any of these conditions.,For the Traumatic Brain Injury claim, there is no evidence of a current diagnosis or treatment related to this condition during the appeal period.

The Veteran's claim for an earlier effective date for the increased rating of 70 percent for PTSD to include TBI is granted, with the effective date set at May 4, 2021.

The Board denied the Veteran's claims for an earlier effective date for service connection of Traumatic Brain Injury and Special Monthly Compensation based on need for regular aid and attendance due to residuals of TBI, as there was no unadjudicated claim prior to December 13, 2021.

The Board has denied service connection for TBI due to lack of a current diagnosis. The claims for left knee, right knee, cervical strain, lumbosacral strain, right hip strain, and left hip strain are remanded as the VA examiners did not consider all relevant evidence and potential in-service causation.

The Veteran's appeal for earlier effective dates and increased ratings has been dismissed due to their death.

This decision denies the Veteran's request for an earlier effective date for service connection for PTSD with TBI and headaches as secondary to PTSD with TBI. The claims were denied in August 2018 due to lack of a current diagnosis of PTSD under DSM-5 criteria, and no evidence linking headaches to service or a pre-existing condition.,Headaches were not granted service connection because there was no medical record showing any complaints, treatment, or diagnosis for headaches during service.

The Veteran's claim for an earlier effective date for a 100 percent disability rating for PTSD with TBI is granted. The Board also grants higher ratings for various upper and lower extremity conditions, but denies claims for increased ratings.