Traumatic brain injury (TBI) decisions — 2024

The Veteran's appeal for an increased rating for PTSD with persistent depressive disorder and traumatic brain injury was dismissed due to the appellant's withdrawal of the appeal in February 2020.

The Board has denied the Veteran's claim for service connection for a traumatic brain injury (TBI) as there is no current diagnosis of TBI and the symptoms are attributed to his already service-connected PTSD and tension headaches.

The Board has remanded the case due to inadequate medical examination and opinion regarding the Veteran's headaches, including whether they are related to service or his TBI. The VA is required to provide a new examination and opinion.

The Veteran's effective date for basic eligibility to Dependents' Educational Assistance (DEA) based on permanent and total disability status is granted as of March 20, 2020.,The Veteran's claim for an earlier effective date for service connection for PTSD with TBI is denied. The earliest proper effective date is March 20, 2020.

The Veteran's claim for an initial disability rating in excess of 40 percent for traumatic brain injury (TBI) prior to May 14, 2021 is being remanded due to duty-to-assist errors. The Board also notes that the Veteran has a separate service-connected psychiatric disability and asserts secondary service connection for voiding dysfunction.

The Veteran's service-connected PTSD, major depressive disorder, alcohol abuse disorder, and traumatic brain injury are of such severity as to preclude him from securing or following a substantially gainful occupation.

The Veteran's TBI is not rated higher than noncompensable, and his posttraumatic headaches are currently rated at the lowest possible level.

The Veteran's tinnitus is granted service connection. The claims for right and left lower extremity frostbite are remanded due to a lack of proper examination.

The Veteran's adjustment disorder with TBI, migraine headaches, chronic sinusitis, and deviated nasal septum are all rated. The rating for the adjustment disorder is granted at 70 percent, effective February 4, 2020. The ratings for the other conditions remain unchanged.

The Veteran's service-connected acquired psychiatric disorders with TBI were granted a 70 percent disability rating, but no higher. The claim for a higher rating for fibromyalgia is remanded.

The Veteran's claims for service connection for brain disease due to trauma (traumatic brain injury), paralysis of the median nerve (right hand neuropathy), and paralysis of the median nerve (left hand neuropathy) have all been denied.,The Veteran was granted an initial 20 percent rating for her service-connected fibromyalgia, but her claim for a higher rating for degenerative arthritis and degenerative disc disease of the lumbar spine remains denied.

The Board denied the Veteran's request for an earlier effective date for service connection of a traumatic brain injury (TBI) with headaches, finding that the claim was filed after one year from separation from active duty.

The Veteran is in need of regular aid and attendance for the residuals of traumatic brain injury (TBI), including vertigo, seizure disorder, and migraines. In the absence of such regular aid and attendance, she would require hospitalization or other residential institutional care.

The Veteran's claims for PTSD and any other acquired psychiatric condition are remanded due to the need for additional evidence regarding the validity of his claimed stressor.,PTSD service connection is remanded as there was insufficient verification of a contended in-service stressor. The Veteran has been provided with another VA examination, but no nexus opinion addressing the relationship between current major depressive disorder and service has been obtained.,The Veteran's claims for bilateral foot condition, left shoulder condition, right shoulder condition, low back condition, respiratory condition (Asthma), and right knee condition are remanded due to a lack of adequate VA examinations or nexus opinions.,PTSD service connection is remanded as there was insufficient verification of a contended in-service stressor. The Veteran has been provided with another VA examination, but no nexus opinion addressing the relationship between current major depressive disorder and service has been obtained.,The Veteran's claims for bilateral foot condition, left shoulder condition, right shoulder condition, low back condition, respiratory condition (Asthma), and right knee condition are remanded due to a lack of adequate VA examinations or nexus opinions.,PTSD service connection is remanded as there was insufficient verification of a contended in-service stressor. The Veteran has been provided with another VA examination, but no nexus opinion addressing the relationship between current major depressive disorder and service has been obtained.,The Veteran's claims for respiratory condition (Asthma) are remanded due to discrepancies between STRs regarding asthma history and the 2020 non-VA provider's opinion. The AOJ should obtain an addendum opinion to clarify whether the Veteran's current Asthma is related to service or pre-existed service.,The Veteran's claims for right knee condition are remanded as there was insufficient verification of a contended in-service stressor. The 2020 non-VA provider provided a nexus opinion, but it did not address or reconcile the Veteran's history of chronic daily alcohol use which can have similar symptoms to TBI.,PTSD service connection is remanded due to insufficient verification of a contended in-service stressor and lack of adequate VA examination. The AOJ should obtain an addendum opinion addressing whether the Veteran has a current TBI or residuals related thereto.

The Veteran withdrew his appeals for a proposed rating decrease for PTSD with depressive disorder and migraine headaches. The appeals are therefore dismissed.

The Veteran's TBI and erectile dysfunction are service-connected, but the Board denied a separate rating for his TBI as it is already covered by his existing ratings. The Board granted secondary service connection for his erectile dysfunction due to his cluster headaches.

The Veteran requested to withdraw their appeals for increased ratings of unspecified trauma or stressor related disorder, TBI, and migraine headaches. As a result, the Board has dismissed these issues.

The Board has granted service connection for Traumatic Brain Injury (TBI) with an effective date of August 24, 2020. The Veteran's claim was received on August 5, 2020, and the VA Form 10182 was submitted within one year of that date.

The Board has decided that the Veteran's TBI is related to his military service and grants service connection for it. However, the Board has also determined that there is insufficient evidence to establish a diagnosis of PTSD since filing his claim or within close proximity thereto, thus denying service connection for PTSD. The remaining issues regarding thoracolumbar spine condition and cervical spine condition are remanded for further examination and opinion.

The Veteran's claims for increased ratings for residuals of a traumatic brain injury and lumbar spine disability have been denied. The Board found that the evidence did not support higher ratings based on current symptomatology.