Traumatic brain injury (TBI) decisions — 2024

The Board has withdrawn the appeal for bilateral hearing loss and remanded the claims of TBI and sleep apnea due to pre-decisional errors. Further examination is required on remand.

The Board has determined that additional development is needed to determine if the Veteran's current headache disability and TBI with residuals are related to his military service. The Veteran will be scheduled for VA examinations to assess these conditions.

The Board denied service connection for a heart disability, head injury to include TBI, cervical spine disability, and sleep apnea as the evidence did not support a nexus between these conditions and service.

The Veteran's initial claim for TBI residuals was denied, and a separate noncompensable evaluation is also denied.,An effective date prior to January 31, 2018, for the award of a separate noncompensable evaluation for TBI residuals is denied.,An effective date prior to January 31, 2018, for the award of a 100 percent evaluation for MDD with anxious distress, unspecified anxiety disorder, alcohol use disorder in early remission, and TBI is denied.,An effective date prior to January 31, 2018, for the award of service connection for tinnitus is denied.,Basic eligibility to Dependents' Educational Assistance (DEA) was not granted before January 31, 2018.,Special monthly compensation (SMC) based on housebound status prior to January 31, 2018, is also denied.,The Veteran's request for a TDIU for the one-year appeal period prior to January 31, 2018, was not granted.

The Veteran's TBI disability is granted with a 40% rating from June 30, 2011 to September 10, 2016. A compensable rating (10%) for the period after September 10, 2016, is denied.,The Veteran's vertigo disability is granted with a 10% rating effective March 28, 2019.,The Veteran's post-traumatic headaches are not service-connected and thus no rating is assigned.,The Veteran withdrew his claim for an increased PTSD rating.

The Board has determined that new and relevant evidence has been received to readjudicate the claim for service connection for tinnitus. The Veteran does not have a current bilateral hearing loss disability for VA purposes, as his auditory thresholds do not meet the criteria for a disability under VA regulations.

The Veteran's separate ratings for PTSD and TBI residuals were restored, with the PTSD rating being increased to 70 percent effective May 1, 2020.

The Veteran's service-connected disabilities are significant, but his employment status is unclear. The Board finds a pre-duty to assist error and remands for clarification of the Veteran's work status since November 2020.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation since December 13, 2018.

The Veteran's claim for a higher disability rating for his service-connected PTSD with neurocognitive disorder and traumatic brain injury was dismissed because the VA Form 10182 submitted in July 2020 improperly docketed as an AMA appeal, when it should have been considered under the legacy review system.

The Veteran's claims for service connection for TBI and Parkinson's disease are being remanded due to the need for additional development, including obtaining VA treatment records and affording the Veteran a VA examination.

The Veteran's initial compensable rating for service-connected TBI is granted, but the claim of an increased rating for post-concussive headaches remains pending and requires further examination.

The Veteran's TBI and its residuals are denied as service connection because the injury was caused by willful misconduct (alcohol abuse) during active duty.

The Veteran's TBI was granted service connection with a 40% rating effective February 21, 2023. The appeal for increased migraine headaches from 30% to 50% is denied as it was not the initial decision on this issue.

The Board has determined that additional development is needed to determine the nature and etiology of any Traumatic Brain Injury, Seizure Disorder, and Hypertension. The case is being remanded for further examination and opinion.

The Veteran's migraine headaches and TBI have not improved under ordinary conditions of daily life and work, thus the restoration of ratings is granted.

The Veteran's TDIU claim is remanded due to the need for a comprehensive VA examination considering all of his service-connected disabilities, and for a rationale supporting the opinion.

The Board has granted service connection for treatment purposes only under Chapter 17 for a psychotic disability, finding new and relevant evidence since the June 2020 rating decision. Service connection was also granted for neck and back scars in January 2021, rendering this appeal moot.

Entitlement to a rating greater than 10 percent for tinnitus is denied.,Entitlement to an effective date earlier than May 26, 2014 for the grant of service connection for tinnitus is denied.,Entitlement to an effective date earlier than May 26, 2014 for the grant of service connection for TBI is remanded.

The Board has remanded the Veteran's claims for service connection due to a lack of VA examinations and insufficient evidence. The Veteran is required to undergo new VA examinations to address his pes planus, thoracolumbar strain, and TBI.