Traumatic brain injury (TBI) decisions — 2024

The Veteran's claim for service connection for TBI was granted effective January 11, 2024. His psychiatric disorder with TBI is rated at 100% since March 13, 2019.

The Veteran's service connection claim for a bilateral wrist condition and his TBI rating appeal are both denied. The Veteran is granted total disability based on individual unemployability.

The Veteran is granted an effective date of December 11, 2017, for the award of service connection for Cerebrovascular Accident (CVA). The effective date for SMC based on loss of use of a creative organ was also granted as June 1, 2021. The Veteran's TBI residuals are rated at 100% and he is entitled to SMC due to need for aid and attendance from December 11, 2017.

The Veteran's appeal was dismissed due to his death, and the surviving spouse is advised to resubmit her request for substitution at the AOJ.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected TBI, PTSD, and musculoskeletal disabilities.

The Veteran's service-connected disabilities render him unable to care for his daily needs without requiring the regular aid and attendance of another person, leading to a grant of SMC based on the need for aid and attendance.

The Veteran's TBI is rated at 40 percent, but no higher, with the highest level of impairment in visual spatial orientation and subjective symptoms.

The Veteran's initial compensable rating for migraines is granted, but his claim for a traumatic brain injury remains denied.

The Veteran's PTSD with TBI has been granted an initial rating of 50 percent, effective November 29, 2023. The decision is based on the Veteran's cognitive and emotional symptoms.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and evaluations.

The Board has determined that the Veteran's tinnitus first manifested during service and is presumed to have been incurred therein. The claims for hearing loss, frostbite (lower left and lower right), hypertension, erectile dysfunction, and sleep apnea are remanded due to a failure of the AOJ to obtain relevant records.

The Veteran's claims for service connection are remanded due to the need for additional medical examinations and opinions regarding his claimed conditions.

The Veteran withdrew his appeal, and the Board dismissed it.

The Veteran is seeking an earlier effective date for the grant of individual unemployability prior to January 29, 2018. The Board has determined that he meets the criteria for a TDIU based on his service-connected disabilities but needs further review by the Director, Compensation Service due to the need for an extraschedular evaluation.

The Veteran's claim for service connection for residuals of traumatic brain injury (TBI) is being remanded due to a duty to assist error. The Board needs to obtain all relevant medical records and police reports regarding the motor vehicle accident that occurred in January 2014.

The Veteran's paraoesophageal hernia repair is denied as there is no evidence of a current disability related to service.,Service connection for traumatic brain injury is denied due to lack of a diagnosed condition and the absence of any in-service head injuries or concussions.

The Veteran's claim for service connection for residuals of traumatic brain injury (TBI) is being remanded due to the need for an addendum opinion regarding the etiology of his TBI and its relationship to active service.

The Veteran's PTSD with adjustment disorder, depressed mood and TBI residuals have been rated at 70 percent since October 13, 2020. The Board finds that the Veteran is entitled to a 70 percent disability evaluation for his service-connected PTSD for the entire period on appeal beginning February 27, 2019.

The Veteran's TBI and right shoulder disability were rated as appropriate based on the severity of their symptoms, but a higher rating was not granted due to lack of evidence supporting additional impairment.

The Board has determined that a remand is needed for the Veteran to undergo VA examinations in order to determine if his hernia and head condition are related to his military service.