Traumatic brain injury (TBI) decisions — 2024

The Board has denied service connection for headaches, residuals of a traumatic brain injury (TBI), calcium deficiency, hyperparathyroidism, and sleep apnea as there is no current diagnosis or evidence linking these conditions to service.

The Board has granted service connection for the Veteran's claimed conditions, including scarring (itchy) of the right shoulder, right buttocks, and knee; right shoulder injury; left shoulder injury; left knee condition; left ankle condition; TBI; and vision impairment. These conditions are related to his in-service motorcycle accident in April 2007.

The Veteran's claim for an initial rating greater than 30 percent for PTSD with depressive disorder, ADHD and TBI was granted.,The Veteran's claim for service connection for post traumatic headaches was denied.

The appeal for service connection of TBI residuals has been withdrawn and dismissed.

The Board has remanded the case due to an inadequate opinion regarding the nature and etiology of the Veteran's claimed residuals of TBI. The AOJ is required to obtain a new opinion from an appropriate clinician.

The Veteran's appeal is remanded due to the need for VA examinations and medical opinions regarding his service-connected disabilities, specifically related to TDIU and SMC based on aid and attendance.

The Veteran's major depressive disorder is granted a disability rating of 50 percent, but no higher. The Board also finds that the Veteran should be provided with a VA examination to determine if she has residuals from her TBI.

The Veteran is granted an effective date of January 7, 2019, for the award of a 100 percent rating for PTSD and TBI. The other issues are denied.

The Veteran's right eye disability is granted a 10% rating, but no higher. The TBI residuals are denied any increase in rating.

The Board has determined that the Veteran's service-connected disabilities, including back disability, left foot disability, TBI, and forehead scar, are not related to his in-service motor vehicle accident due to intoxication. The MVA was found to be caused by the Veteran's own willful misconduct.

The appeals of the denial of service connection for various conditions are dismissed due to the AMA effective date. The Veteran's initial ratings for hemorrhoids and asthma are granted.

The Board has decided to remand the claim for service connection for a TBI due to new and relevant evidence submitted by the Veteran, but finds that service connection is not warranted based on the lack of credible evidence of an in-service head injury.

The Board has found that new and relevant evidence has been received for the claims of service connection for Traumatic Brain Injury (TBI) and an acquired psychiatric disorder, to include adjustment disorder. The Veteran's testimony at a hearing in March 2024 implies that his disabilities may be linked to his active-duty service, including events during deployment. As such, these appeals are remanded for initial adjudication on the merits.

The Board has denied service connection for left hand frostbite residuals, right hand frostbite residuals, diabetes mellitus, bilateral hearing loss, and granted service connection for tinnitus.

The Veteran's appeal is being remanded due to inadequate pre-decisional development in the VA examinations and for a new TBI examination by a neurologist.

The Veteran's appeal has been withdrawn due to his request for withdrawal of the entire appeal filed in September 2020.

The Board has determined that the Veteran's OSA is secondary to his service-connected PTSD with MDD and alcohol use disorder with TBI, but additional medical opinions are needed to clarify the nature of this relationship.

The Veteran's claim for SMC based on aid and attendance is remanded due to incomplete medical records and the need for a detailed examination.

The Veteran's PTSD is granted an increased disability rating of 70 percent from October 22, 2020. The Veteran's TBI remains at a non-compensable rating.

The Board has granted service connection for TBI and remanded the issue of an increased disability rating for PTSD. The Veteran's PTSD is now considered inextricably intertwined with his TBI.