Traumatic brain injury (TBI) decisions — 2024

The Board has found that there were pre-decisional duty to assist errors and remands the issues of service connection for various ankle, knee, foot, and back disabilities. The AOJ must provide new VA examinations and obtain adequate medical opinions.

The Board dismissed the appeal as it did not address the issue of a higher level of special monthly compensation (SMC). The February 2024 AOJ decision only addressed an increased rating for residuals of a TBI, and the Veteran's notice of disagreement was clear in identifying this.

The Veteran's claim for service connection for migraine headaches is granted, as the evidence supports a finding that his current migraines began during active duty and are related to his service.,Service connection for traumatic brain injury (TBI) is denied. The Veteran reported having hit his head in service but there is no objective evidence of any TBI or concussion at any time during the pendency of the claim, nor has he presented a current disability that can be linked to service.

The Board has found that the VA examinations and opinions are inadequate to adjudicate the claims for service connection for generalized anxiety disorder, major depressive disorder, traumatic brain injury, left knee disability, right knee disability, and sleep apnea. The claims are being remanded for additional development.

The Veteran's appeals for increased disability ratings and other claims were generally granted, with some issues being denied or having their ratings adjusted. The decision covers various conditions including RLS, PTSD with TBI, headaches, irritable bowel syndrome, herpes simplex virus, cervical spine DDD, tarsal tunnel syndrome, knee pain syndromes, and thumb sprain.

The Veteran's PTSD with bipolar disorder, alcohol use disorder, and TBI is currently rated at 70 percent disabling. The Board denied an initial rating in excess of 70 percent as the evidence did not meet the criteria for total occupational and social impairment.

The Board has determined that the Appellant's period of inactive duty for training (INACDUTRA) where he sustained an injury in the line of duty qualifies him for basic eligibility for VA benefits, including service connection.

The Veteran's TBI rating is restored and increased to 70 percent effective October 26, 2020.,PTSD remains at a 70 percent rating. The Veteran's claim for a higher PTSD rating is denied.

The Veteran has withdrawn his appeals for increased ratings for migraine headaches and a separate rating for traumatic brain injury.

The Board has remanded the claims for a more responsive opinion to differentiate between the Veteran's psychiatric condition and his TBI residuals.

The Veteran's TBI, migraines, and head scars were granted increased ratings in the February 2023 rating decision. The case also resulted in service connection for GERD at a 10% evaluation.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and a pre-decisional duty to assist error. The right knee condition is related to in-service injury, while the TBI residuals are not clearly linked to service.

The Veteran's appeal for service connection for residuals of traumatic brain injury, right ear hearing loss, left ear hearing loss, and tinnitus has been denied. The Board found that the evidence did not show a diagnosis of TBI or any related symptoms at any time during the pendency of the claim.,Service connection for right ear hearing loss was also denied as there is no current diagnosis of hearing loss meeting VA criteria.

The Board has denied the Veteran's claims for service connection for low back and right shoulder conditions, as well as his claims for frostbite, right hand chronic pain, frostbite, left hand chronic pain, right hand arthritis, and left hand arthritis. The case is remanded for further development.

The Veteran's claims for PTSD, TBI, and frontotemporal dementia as secondary to PTSD and TBI have been granted. The Board found that the evidence supports a direct service connection for these conditions.

The Board has remanded the case due to a duty to assist error regarding the Veteran's service-connected disabilities and their impact on his need for regular aid and attendance. A new VA examination is required.

The Veteran's neurocognitive disorder due to TBI is currently rated at 50 percent, effective from February 24, 2020. The Board denied an increased rating for the condition prior to June 27, 2022.

The Veteran's claims for increased ratings and service connection are being remanded due to errors in the initial rating decision, including failure to assign an effective date for asthma service connection.

The Veteran's claim for service connection for TBI residuals is granted, as new evidence received since the previous denial supports the claim.

The Board has remanded the Veteran's claims for service connection for PTSD and TBI due to insufficient evidence regarding their existence or causation.