Traumatic brain injury (TBI) decisions — 2024

The Board has granted service connection for frostbite residuals of the right foot and left foot, finding that there is a current diagnosis, an in-service event (cold weather training), and a nexus between the two.

The Veteran's claim for service connection for tinnitus is granted as the evidence shows that his current condition likely began during service. However, his claims for bilateral hearing loss, traumatic brain injury, sleep apnea, and cervical degenerative disc and joint disease are denied due to lack of a current disability diagnosis.,There is no current diagnosis of bilateral hearing loss or traumatic brain injury related to service. The Veteran's claim for sleep apnea is also denied as there is insufficient evidence of a current disability. Service connection for cervical degenerative disc and joint disease (claimed as cervical strain) is not granted due to lack of a current condition.,The Veteran's tinnitus claim is supported by his credible statements about the onset and impact of the condition during service, but he does not have a confirmed diagnosis of hearing loss or traumatic brain injury. The Board finds no evidence linking these conditions to service.

The Board has determined that the severance of service connection for a TBI and headaches was improper, as there is no clear and unmistakable error in the original decision. Service connection for both conditions is restored.

The reduction in the disability rating for PTSD with TBI from 70% to 30% effective September 1, 2021 was proper and the appeal requesting restoration of the rating is denied.

The Board has determined that a VA examination is needed to determine if the Veteran's spouse requires regular aid and attendance due to her disabilities, as she cannot perform daily living activities without assistance.

The Board has granted service connection for the Veteran's TBI residuals, finding that there is at least an even balance of evidence to support this determination and resolving reasonable doubt in favor of the Veteran.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's claimed traumatic brain injury (TBI) and its relationship to service. The Veteran was exposed to explosions during deployment, but a VA examination is needed to determine if he has a current TBI diagnosis and whether it is related to his service.

The Veteran's service-connected disabilities prevent him from caring for himself and protecting himself, requiring regular aid and attendance. The Board has granted special monthly compensation based on the need for aid and attendance.

The Veteran's unspecified depressive disorder with TBI, headaches and dizziness is granted a 70 percent rating prior to March 1, 2021. The cervical spine condition is denied any increase in rating prior to June 23, 2021.

The Board has granted service connection for Irritable Bowel Syndrome (IBS) and remanded the remaining issues due to insufficient evidence.

The Board has remanded the case due to a duty to assist error and for additional medical opinions regarding the Veteran's service connection claim for TBI, including headaches.

The Veteran's claims for service connection for sleep apnea, chronic fatigue syndrome, and TBI have been denied. The claim for sleep apnea is being remanded due to the need for new evidence. The claim for chronic fatigue syndrome is denied as there is no valid diagnosis of the condition. The claim for TBI is also denied.

The Board has remanded the case due to a failure to provide a VA examination and assist in developing the claim for residuals of a TBI. The Veteran is seeking service connection for this condition, which he claims was incurred during an explosion in October 1983.

The Veteran's appeals for service connection on multiple conditions have been dismissed due to errors in the Appeals Modernization Act system. The Board has remanded several issues for further action.

The Veteran's death was not caused by a service-connected disability, but the Board has decided to remand the case for further research into potential herbicide exposure during his naval service.

The Veteran's sickle cell trait is not service-connected as it is a congenital defect without additional superimposed disease or injury.,There is no evidence of residuals of a traumatic brain injury related to service, and the Veteran does not have a current diagnosis of such condition.,The Veteran does not have a current diagnosis of a cervical spine disability. The STRs are silent for any injuries sustained as a result of a hatch falling on his head or any diagnoses related to a TBI or cervical spine disability.,There is no evidence of a left shoulder disability, right elbow disability, or right knee disability during service or post-service. The Veteran does not have current diagnoses of these conditions.,The Veteran's STRs and post-service treatment records are silent for complaints or diagnoses related to bilateral shoulder pain or strain, bilateral elbow pain or strain, or right knee pain or strain.,There is no evidence of a right knee disability during service or post-service. The Veteran does not have current diagnosis of this condition.

The Veteran's migraine headaches are rated at 50 percent effective September 8, 2020.,TDIU and DEA eligibility is granted as of March 28, 2019.

The Veteran's PTSD with amnesic disorder secondary to TBI is granted a 100 percent evaluation from December 26, 2017. An earlier effective date for left shoulder strain is granted from August 1, 2017.

The Board denied the Veteran's claim for an increased level of special monthly compensation (SMC) based on a need for higher level of aid and attendance due to service-connected TBI/PTSD. The evidence did not show that the Veteran required nursing home care, hospitalization or other residential institutional care as a result of his service-connected residuals of TBI.

The Board has determined that there was a pre-decisional duty to assist error for not obtaining a VA examination and medical opinion regarding the Veteran's right ankle condition and traumatic brain injury. The case is therefore REMANDED for further action.