Traumatic brain injury (TBI) decisions — 2024

The Veteran's PTSD is rated at 50 percent, TBI residuals are rated at 10 percent, and left ulnar nerve damage is rated at 30 percent. The appeal for a higher rating for PTSD was denied.

The Veteran's claim for a disability rating in excess of 100 percent for Major Depressive Disorder (MDD) with residuals of Traumatic Brain Injury (TBI) has been denied.,The Veteran's claim for a separate disability rating for Traumatic Brain Injury (TBI) has also been denied.

The Board has granted an earlier effective date of September 14, 2012 for the grant of a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities.

The Veteran's service-connected disabilities prevented her from obtaining or retaining substantially gainful employment since May 20, 2017. Her TDIU claim is granted with an effective date of May 20, 2017.

The Board has determined that the Veteran's lumbar spine, cervical spine, and bilateral knee disabilities are not attributable to active military service.

The Board has denied the Veteran's claims for service connection for Traumatic Brain Injury and Posttraumatic Stress Disorder, finding no current disability or evidence of an in-service stressor. The Veteran's scar on his nose is also not rated as compensable.

The Veteran's appeals for initial compensable ratings for migraine headaches, TBI with PTSD, and right leg scar have been dismissed. The appeal for an increased rating for lumbosacral strain (back disability) is remanded.

The Board has restored the Veteran's disability rating for PTSD with TBI from 70 percent to 50 percent effective July 1, 2021. The reduction was improper as there was no actual improvement in the Veteran's ability to function under ordinary conditions of life and work.

The Board has dismissed the appeal for service connection of residuals of TBI, a nose condition, sleep apnea, and a back condition as they were previously denied in March 2018.

The Board has remanded the claims for service connection due to insufficient evidence regarding in-service toxic exposures, sleep apnea, and TBI residuals. The Veteran will need to provide clarification on his exposure history and undergo VA examinations to determine if these conditions are related to service.

The Board has determined that new and relevant evidence has been received to reconsider the previously denied claims of service connection for anxiety, dermatitis, left wrist condition, right wrist condition, low back pain, neck pain, sinusitis, migraine headaches, and TBI. The claims are being remanded for further adjudication.

The Board has granted service connection for traumatic brain injury and sleep apnea as secondary to PTSD. Service connection was denied for right shoulder tendonitis, right shoulder impairment other than tendonitis, and left shoulder impairment.

The Veteran's TBI has rendered him in need of regular aid and attendance, requiring hospitalization or nursing home care if not provided by his spouse. The Board granted a higher level of SMC(t) for the residuals of his TBI.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's service connection claim for TBI and its residuals. The AOJ is required to provide a VA examination and obtain an adequate medical opinion that considers whether the Veteran's current symptoms are related to his in-service injuries.

The Veteran's service-connected TBI has rendered him unable to perform basic self-care functions and requires regular aid and attendance, leading to the grant of special monthly compensation (SMC) at the aid and attendance rate.

The Board has restored service connection for a traumatic brain injury (TBI) due to the Veteran's credible reports of an in-service head injury and subsequent treatment for TBI-related symptoms.

The Veteran's claims for service connection have been granted, but the Board finds that additional evidence is needed to determine if new and relevant evidence has been submitted. The VA received a supplemental claim from the Veteran in December 2019, which included his low back, jaw, and Achilles tendon claims.,The Veteran's low back, jaw, and Achilles tendon claims are remanded due to the lack of VA examinations addressing the nature and etiology of these conditions.

The Veteran's claim for an earlier effective date for service connection of generalized tonic clonic seizure associated with traumatic brain injury is denied as there was no prior claim or evidence of entitlement to this benefit.

The Board has decided to remand the case due to duty-to-assist errors and inadequate medical opinions. The Veteran's sleep apnea is being reviewed again, with a focus on whether it is proximately due to or aggravated by his service-connected posttraumatic seizure disorder.

The Board has granted service connection for tinnitus and left ear hearing loss, but denied service connection for residuals of a lower back injury and head condition (presumed traumatic brain injury).,Service connection is granted for tinnitus due to direct evidence linking it to military noise exposure. Service connection is denied for residuals of a lower back injury as there was no in-service injury or disease. Service connection is denied for head condition (presumed TBI) as the Veteran's symptoms are not consistent with those arising from service.