Traumatic brain injury (TBI) decisions — 2024

The Board has remanded the case due to an inadequate VA examination, and a new one must be conducted to determine if the Veteran has any current residuals of his traumatic brain injury.

The Veteran withdrew his appeals for increased disability ratings and TDIU related to his service-connected conditions, including TBI with generalized anxiety disorder and migraine headaches.

The Board has denied the Veteran's claim of entitlement to an increased disability evaluation for bilateral hearing loss. The claims of service connection for TBI and erectile dysfunction, as secondary to PTSD, are remanded due to a lack of VA examinations.

The Board has determined that new and relevant evidence sufficient to readjudicate the claims for service connection for TBI and GERD has been received. The Veteran's TBI claim is remanded, as well as his GERD claim.

The Veteran's claim for a rating in excess of 70 percent for TBI with Major Depressive Disorder was denied, and the request for an earlier effective date for the 70 percent rating was also denied.

The Veteran's service-connected PTSD with TBI and secondary polysubstance abuse is currently rated at the maximum schedular rating of 100 percent, which means no higher rating can be granted.

The Veteran's service-connected PTSD with TBI and secondary polysubstance abuse is currently rated at the maximum schedular rating of 100 percent, which means no higher rating can be granted.

The Veteran's service-connected PTSD with TBI and secondary polysubstance abuse is currently rated at the maximum schedular rating of 100 percent, which means he is already receiving the highest possible disability compensation for these conditions.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, leading to the grant of TDIU. The issue of a higher disability rating for TBI is remanded due to a duty-to-assist error.

The Veteran's TBI with depressive disorder, along with other service-connected disabilities, has rendered him unable to secure or follow a substantially gainful occupation prior to August 16, 2022. Since then, he is in receipt of a 100% rating for his TBI and additional disabilities independently rated at over 60%, qualifying him for SMC at the housebound rate.

The Veteran seeks a higher initial rating for his TBI prior to January 20, 2022. The Board finds that additional development is needed due to a duty to assist error.

The Board has determined that the claims for service connection related to lumbar spine, cervical spine, and traumatic brain injury disabilities need further review due to pre-decisional duty-to-assist errors.

The Board has determined that the Veteran's diagnosed Traumatic Brain Injury (TBI) is related to his active military service, and thus grants the claim for service connection.

The Board has decided to remand the case due to a failure to provide an updated VA examination, which is necessary for proper adjudication of the service connection claim for Traumatic Brain Injury.

The Board has remanded the claims of entitlement to service connection for various disabilities, including a bilateral eye disability, left shoulder disability, right ankle disability, right knee disability, right elbow disability, tinnitus, and TBI due to duty-to-assist errors in scheduling VA examinations.

The Veteran has withdrawn his appeals for sleep apnea, hypertension, and an increased disability rating for TBI.

The Veteran's service-connected adjustment disorder with anxiety and depression was granted an increased rating in November 2023, which resolved the appeal.

The Board has restored a separate 10 percent rating for TBI, effective June 1, 2021, as the discontinuance of this rating was found to be invalid due to the impact on the Veteran's work and daily life.

The Veteran's service-connected disabilities, including PTSD with TBI and multiple musculoskeletal conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU rating effective July 18, 2019. Service connection for esophageal cancer is remanded due to the PACT Act's expansion of presumptive conditions.

The Board has remanded the case due to incomplete service records and missing private treatment records. The AOJ is instructed to obtain all relevant service personnel and medical records, verify periods of active duty, ACDUTRA, and INACDUTRA, and request authorization for Scott-White Hospital records.