Traumatic brain injury (TBI) decisions — 2024

The Veteran's reduction in disability evaluation for PTSD with TBI from 50% to 30% was improper and is void ab initio. The rating of 50% for PTSD with TBI has been restored, but the Veteran's claim for an increased rating remains denied.

The Board is remanding the case due to a failure to schedule a VA examination, which was triggered by the Veteran's credible report of an in-service TBI during basic training. The examiner will assess whether it is at least as likely as not that the Veteran's TBI had its onset during service or is otherwise etiologically related to his reported in-service TBI.

The Veteran's claim for an earlier effective date for a 100 percent rating for TBI with mild bilateral hand tremors, vertigo, headaches, and convergence insufficiency is denied as the decision assigning the April 28, 2010 effective date has become final.

The Veteran's appeals for service connection on multiple conditions have been dismissed as withdrawn during a hearing. The Board has also remanded several issues for further examination and review.

The Veteran's claims for an earlier effective date for the 100 percent rating for PTSD, persistent depressive disorder to include TBI, and posttraumatic headaches are denied. The claim for restoration of the 30 percent rating for hypothyroidism is granted.

The Veteran was granted service connection for right and left foot frostbite, bilateral tinea pedis, and right and left foot hallux valgus with effective dates of July 13, 2018.,Separate noncompensable disability ratings were assigned for residuals of right and left foot frostbite.

The Veteran's TBI with PTSD and alcohol use disorder is rated at a 70 percent disability rating, effective July 5, 2018.

The Board has granted service connection for a traumatic brain injury (TBI) and tension headaches as secondary to the TBI, finding that all doubts are resolved in favor of the Veteran.

The Veteran's appeals for service connection have been dismissed as he has withdrawn his appeal.

The Board denied the Veteran's claims for earlier effective dates and initial ratings, finding that there was no basis to grant these requests based on the evidence of record. The Veteran's sleep apnea disability was granted service connection with an effective date of March 18, 2016, which is not earlier than this date. Initial rating claims for headaches and TBI residuals were denied as they are already at their maximum schedular ratings. Ratings for medial tibial stress syndrome in the lower extremities prior to November 6, 2020, were granted.

The Board has determined that the Veteran's obstructive sleep apnea is proximately related to his service-connected PTSD and grants entitlement to service connection for OSA. The issues of separate ratings for PTSD and TBI, as well as a rating in excess of 50 percent for combined PTSD and TBI are remanded.

The Veteran's service-connected disabilities, including headaches and traumatic brain injury, render him unable to obtain or retain substantially gainful employment. The Board has granted the claim for Total Disability Rating Based on Individual Unemployability (TDIU).

The Veteran's migraine disability is rated at 50 percent from December 10, 2015. The rating reflects very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Board has determined that there is no competent evidence of a current diagnosis of Traumatic Brain Injury (TBI) and thus, service connection for TBI cannot be granted.

The Veteran's claim for an earlier effective date for a 100% disability rating for TBI and PTSD is denied. The Board found that the April 2014 rating decision became final due to lack of timely appeal, and there was no evidence showing an increase in disability within one year prior to July 31, 2017.

The Veteran's TBI, vertigo, and photophobia are attributable to his military service.,The bilateral knee strain is also attributed to the Veteran's military service.

The Veteran's claim for a 100% evaluation for PTSD with TBI is denied, as the evidence does not show that his service-connected PTSD was 100% disabling within one year prior to December 8, 2016.

Service connection is granted for tinnitus, traumatic brain injury (TBI), and seizure disorder. Service connection is also granted for right knee and left knee disorders characterized by painful limited motion.,The Veteran's conditions are presumed to be related to service due to documented in-service exposure and symptoms.

The Veteran's TBI residuals are granted a non-compensable rating, and service connection is granted for his stroke and psychiatric disability as secondary to the TBI and stroke.