Traumatic brain injury (TBI) decisions — 2024

The Veteran's claim for an earlier effective date prior to September 30, 2019, for TBI residual headaches with a disability rating of 50 percent was denied. The reduction in the rating assigned to the Veteran's service-connected traumatic brain injury (TBI) residuals from 40 percent to 10 percent as of September 30, 2019, was also denied.

The Veteran's claim for service connection for an acquired psychiatric condition has been granted.,The Veteran's claims for service connection for residuals of TBI and headaches have been remanded.

The Board has restored the Veteran's TBI rating from 10% to 70%, and also restored a separate 70% rating for PTSD, which was combined with TBI. The decision is based on evidence showing that the Veteran's symptoms are due to his TBI.

The Veteran's PTSD with TBI results in occupational and social impairment, but does not meet the criteria for a higher rating or SMC at the housebound rate.

The Veteran is seeking an increased disability rating for his service-connected residuals of left-hand frostbite on an extraschedular basis. The Board has determined that the current schedular ratings are inadequate and remands the case to determine if an extraschedular rating is warranted due to marked interference with employment or frequent periods of hospitalization.

The Board denied service connection for TBI, right-hand disability, left-hand disability, and cervical spine disability. The claims were remanded for further examination regarding sleep apnea, insomnia, and headache disabilities.

The Board has decided to remand the claim for service connection of OSA, as it is unclear whether the condition developed due to Gulf War exposure. The VA must obtain a medical opinion addressing this issue.

The Veteran's appeal for increased ratings and a total disability rating due to individual unemployability was dismissed because the Veteran passed away during the pendency of the appeal.

The Board has remanded the claims for service connection due to in-service onset of irritable bowel syndrome, residuals of a fractured left hand, cervical spine disorder, traumatic brain injury, and left knee disorder. The Veteran's current diagnoses include hypertension.

The Veteran's appeals for higher ratings on several ankle sprains, shin splints, and nerve conditions have been dismissed.,Service connection for TBI has also been dismissed.

The Board has decided to remand the claims for service connection for a neck disability and traumatic brain injury with residuals due to new evidence submitted by the Veteran.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's current TBI diagnosis is related to his service. The VA will need to provide a new opinion from the examiner who conducted the May 2021 examination.

Effective dates of April 8, 2003, for service connection were granted for degenerative arthritis, intervertebral disc syndrome, and spinal stenosis of the thoracolumbar spine; radiculopathy of the sciatic nerve of the left lower extremity; radiculopathy of the sciatic nerve of the right lower extremity; radiculopathy of the femoral nerve of the left lower extremity; radiculopathy of the femoral nerve of the right lower extremity. Effective date of May 17, 2012, for service connection was granted for a traumatic brain injury with posttraumatic headaches. An effective date prior to February 8, 2016, for urinary incontinence was denied.,An earlier effective date of April 8, 2003, is granted for the awards of service connection for disabilities of the thoracolumbar spine and radiculopathy of the bilateral lower extremities. An effective date of May 17, 2012, is granted for the award of service connection for posttraumatic headaches due to traumatic brain injury. No earlier effective date is granted for urinary incontinence.

The Veteran's appeal for service connection for traumatic brain injury (TBI) has been dismissed due to the withdrawal of the appeal by his attorney.

The Board has granted the Veteran's claim for service connection for a Traumatic Brain Injury (TBI), finding that his current diagnosis of TBI is at least as likely as not caused by an in-service injury where he reported a heat exchanger falling on his head and knocking him unconscious.

Service connection has been granted for sinusitis, head injury (traumatic brain injury), neck disability, right shoulder disability, left shoulder disability, low back disability, and sleep apnea.,The Veteran's conditions are all found to be related to service.

The Veteran's claims for service connection for residuals of a traumatic brain injury (TBI) and a headache disability are being remanded due to the need for additional medical examination and opinion.

The Board denied service connection for residuals of a traumatic brain injury (TBI) as there is no evidence showing the Veteran was ever diagnosed with TBI.

The appellant's appeals for reduced disability ratings have been dismissed because the AOJ has not made a final determination on these issues yet.

The Board denied the Veteran's claims of service connection for sleep apnea, TBI, and a neck/cervical spine disorder due to lack of evidence showing these conditions were incurred or aggravated during service.