Traumatic brain injury (TBI) decisions — 2024

The Veteran withdrew his appeal seeking separate ratings for service-connected unspecified anxiety disorder with traumatic brain injury.

The Veteran's TDIU was granted in March 2023, effective November 23, 2022. The decision also granted increased ratings for migraines and lumbosacral strain.

The Veteran has withdrawn his appeals for an increased rating for degenerative arthritis of the lumbar spine and service connection for traumatic brain injury (TBI). The Board has dismissed these issues.

The Board has remanded the Veteran's claims of service connection for frostbite of the bilateral hands and rheumatoid arthritis due to a lack of a VA examination, which is required by the duty to assist.

The Board has denied the Veteran's claims of service connection for TBI, GERD, headaches, and kidney disability due to a lack of current diagnoses or causal relationship between these conditions and service. The Board found that the Veteran did not have a current diagnosis of a TBI, his GERD was diagnosed 12 years after separation from service, and his kidney disability was diagnosed 30 years after separation from service.

The Veteran's claims for earlier effective dates for service connection of migraine headaches and traumatic brain injury have been denied as there is no evidence of a formal or informal claim filed prior to September 28, 2022.

The Veteran's PTSD with anxiety and depressive disorder and TBI is currently rated at 50 percent, but the Board denied a higher rating as his symptoms do not meet or approximate the criteria for a 70 percent disability rating.

The Veteran's left knee disability is granted a 20 percent rating. Service connection for TBI, headaches, right sciatic radicular pain paresthesia of the right leg, left sciatic radicular pain paresthesia of the left leg, and callus of the left pinky toe are denied.

The Veteran's petition to reverse the reductions in ratings for PTSD and TBI was granted. The reduction in rating for PTSD from 70% to 0% is already granted, thus the claim is dismissed as moot. The reduction in rating for TBI from 40% to 10% effective December 18, 2019 is improper and void ab initio.

The Board has granted service connection for tinnitus and traumatic brain injury on a treatment basis, as the character of discharge is not considered a bar to VA benefits.

The Board has determined that new and relevant evidence has not been received to readjudicate the claims for service connection for traumatic brain injury, bilateral knee condition, back condition, irritable bowel syndrome, and temporomandibular joint syndrome. The claim of service connection for irritable bowel syndrome is granted. The remaining claims are remanded due to a duty to assist error.

The rating for TBI was restored from 70% to 10%, effective March 1, 2020. The rating in excess of 10% for left knee instability is denied.

The Board has remanded the case due to a pre-decisional duty to assist error, requiring an opinion on whether facial frostbite residuals are related to service.

The Veteran's service-connected Post-Traumatic Stress Disorder and Residuals of Traumatic Brain Injury are granted. The PTSD is found to be due to service, while the TBI residuals warrant an initial rating of 40 percent.

The Veteran's left nasal septal spur has not been found to meet the criteria for a compensable evaluation.,The Veteran's left varicocele is currently rated at 10 percent, and there is no evidence of persistent edema or skin changes that would warrant a higher rating.

The Board has determined that the claims for higher ratings and entitlement to TDIU must be remanded due to pre-decisional duty to assist errors, specifically regarding the left fibula disability. The Veteran's other left leg disabilities were examined, but not his left fibula disability.

The Veteran's appeal to receive a rating in excess of 70 percent for his traumatic brain injury is dismissed as the appellant and his representative withdrew their appeal.

The Veteran's claim for an effective date of December 16, 2015 for the award of service connection for a TBI was granted. The claim for increased rating for migraine headaches prior to January 18, 2018 is remanded.

The Board has denied service connection for tinnitus and traumatic brain injury (TBI) as there is no persuasive evidence linking these conditions to the Veteran's military service.

The Board denied extraschedular ratings for service-connected residuals of frostbite of the upper and lower extremities, finding that the available schedular evaluations were adequate.