Traumatic brain injury (TBI) decisions — 2024

The Board has determined that the Veteran's claims for service connection are remanded due to new and relevant evidence having been submitted. The issues of entitlement to service connection for bilateral hearing loss, left ankle degenerative arthritis, and traumatic brain injury have been returned to the RO for further review.

The Veteran's PTSD was initially rated at 50 percent prior to May 21, 2019. The Board has now granted a 70 percent rating for PTSD beginning on May 21, 2019.,Prior to this decision, the Veteran had been receiving a combined 50 percent rating for PTSD and TBI.

The Veteran's claims for service connection for PTSD and residuals of a cold weather injury of the upper extremities, to include frostbite have been dismissed as moot due to the filing of duplicate VA Form 10182.

The Veteran's service-connected traumatic brain injury, including memory problems, is granted as it is directly related to his in-service motor vehicle accident.

The Veteran's appeal for an increased rating for right foot disability and service connection for left foot disability has been dismissed due to the Board lacking jurisdiction over these issues.,The Veteran's appeal regarding a higher rating for PTSD and TBI, as well as migraine headaches and right ankle disability, is also dismissed.

The Veteran's migraines are rated at an initial 30 percent disability rating prior to September 26, 2022. The Board found that the Veteran's headaches occurred once a month over several months and were considered prostrating, warranting a 30 percent rating.

The Veteran's initial claim for a higher rating for migraine headaches was granted, and he is now receiving a 50% disability rating. The appeal regarding his PTSD with major depressive disorder and TBI remains denied. A separate 70% disability rating has been granted for the service-connected TBI. Service connection for ED as secondary to PTSD has also been established. However, the claim for OSA as secondary to a service-connected disability is being remanded.

The Board has denied service connection for Posttraumatic Stress Disorder and granted service connection for Traumatic Brain Injury. The Veteran's injuries were found to be incurred in the line of duty, but he does not have a current diagnosis of PTSD.

The Board has decided to remand the Veteran's claims for TBI, loss of smell, and hearing loss due to a pre-decisional duty to assist error. The Veteran will need VA examinations to determine if his conditions are related to service.

The Board has determined that the Veteran's current TBI residuals are service-connected, with the opinion being in favor of the Veteran.

The Veteran's appeal for a higher level of special monthly compensation for aid and attendance due to TBI was withdrawn by his representative, resulting in the dismissal of the appeal.

The Veteran's appeals for service connection and disability ratings have been dismissed due to his withdrawal of the claims prior to the promulgation of a decision by the Board.

The Board has determined that the Veteran's TBI-related symptoms, including cognitive impairments, have been adequately addressed by existing service-connected disabilities. Therefore, a compensable disability rating for TBI is denied.

The Veteran's right and left knee disabilities, including patellar tendonitis, as well as his traumatic brain injury and nausea have been granted service connection.

The Veteran's claims for service connection are being remanded due to a duty to assist error and the need to adjudicate secondary service connection for ankle disabilities. The AOJ is instructed to ensure all VA treatment records have been associated with the claims file, and then to adjudicate the secondary service connection claim.

The Veteran's claim for service connection for respiratory condition was denied in a final December 2013 rating decision. The Board has reopened the claim, but new and relevant evidence has not been submitted to support it.,The Veteran's claim for service connection for sleep apnea was granted in a final February 2014 rating decision. New and relevant evidence received since then supports reopening of this claim.

The Board has determined that the Veteran did not sustain a traumatic brain injury during active service and her migraine headaches are not related to service.,Service connection for both residuals of a traumatic brain injury and migraine headaches is denied as there is no evidence linking these conditions to service.

The Board has denied the Veteran's claim for service connection for a traumatic brain injury (TBI) as there is no evidence of current disability related to active service or any incident of service, including an in-service mild head injury. The Board found that the Veteran's assertions about experiencing a TBI and its residuals are not credible due to her prior denial of such injuries during service.

The Veteran's claims for service connection for various hand, leg, and low back conditions due to cold injury have been denied. Effective dates earlier than January 7, 2021, for the award of service connection for frostbite (first degree) with neuropathy in both feet are also denied.

The Board has decided to remand the cases for further examination and opinion regarding service connection for TBI. The case of entitlement to TDIU is also being remanded due to its inextricability with the TBI issue.