Traumatic brain injury (TBI) decisions — 2024

The Veteran withdrew his appeals for headaches, left ear hearing loss, and traumatic brain injury ratings prior to the Board's decision.

The Board has granted service connection for Traumatic Brain Injury (TBI) as it is found that the Veteran's TBI was caused by his military service.

The Board has determined that new and relevant evidence has not been received to readjudicate the claims of service connection for erectile dysfunction, traumatic brain injury (TBI), type II diabetes mellitus, and a right shoulder disability. As such, these claims are denied.

The Board has determined that the Veteran's death was not caused by his service-connected disabilities, and therefore DIC benefits based on cause of death are denied.

The Board has denied the Veteran's claims for service connection for left hip strain, right hip strain, head injury (traumatic brain injury), and bilateral hearing loss. The reasons provided include lack of evidence showing a current disability related to an in-service event or disease.

The Veteran's claim for service connection for muscle and joint pain has been denied. The Board has remanded the issues of increased evaluations for right hip disability, chronic maxillary sinusitis and chronic mucocele, and TBI residuals.

The Board has restored the Veteran's 100% rating for PTSD and TBI, effective May 1, 2021. The reduction from 100% to 70% was not supported by evidence of actual improvement under ordinary conditions of life.

The Board has remanded the claims for service connection due to a lack of VA examination and duty to assist errors.

The Board has remanded the claims of service connection for tinnitus, traumatic brain injury, and bilateral hearing loss due to procedural errors in the initial decision. The Veteran's tinnitus is granted as it was incurred during active service.

The Board has denied service connection for a traumatic brain injury and remanded the issues of service connection for migraines and hypertension due to duty-to-assist errors.

The Veteran's effective date for SMC(t) is set to January 21, 2014 due to the need for regular aid and attendance related to his TBI.

The Veteran's TDIU claim was granted effective August 15, 2022. The appellant is eligible for direct payment of attorney fees from benefits resulting from this grant.

The Veteran's service-connected TBI causes permanent loss of use of his foot, qualifying him for a certificate of eligibility in the purchase of an automobile or adaptive equipment.

The Veteran's TDIU claim is granted with an effective date of January 19, 2019. The Board found the Veteran was unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has determined that there was a duty to assist error in the initial development of the claim and has remanded for further action, including obtaining a VA medical opinion regarding the cause of the Veteran's death.

The Veteran's claim for an earlier effective date of January 1, 2020, was denied as the earliest effective date that can be assigned is April 15, 2020. The Board found that the pursuit via prior claims and appeals ended with no timely responses.

The Board has remanded the claims of service connection for traumatic brain injury and low back osteoarthritis due to a failure to provide a VA examination, as required by McLendon v. Nicholson.

The Veteran's initial TBI rating is granted at a noncompensable level prior to June 28, 2018. From that date onwards, he is awarded a 70% disability rating for his TBI. The appeal regarding service connection for headache disorder and SMC based on the loss of use of the left upper extremity due to TBI are remanded.

The Veteran withdrew his appeals for service connection of urinary disability, cervical spine disability, facial disfigurement, tinnitus, and traumatic brain injury (TBI). The appeal is dismissed.

The Board denied service connection for traumatic brain injury and vertigo, both claimed as secondary to TBI. The Veteran was not found to have a current diagnosis of TBI or vertigo that is related to his military service.