Traumatic brain injury (TBI) decisions — 2024

The Board has granted an earlier effective date of December 3, 2001 for the award of service connection for Traumatic Brain Injury (TBI). The decision is based on new service department records received after a previous denial in April 2002.

The Board has determined that there is no evidence to support a link between the Veteran's conceded in-service injury and his current diagnosis of tentorial cavernous meningioma of the cerebellum, thus denying service connection for TBI and/or residuals thereof.

The Veteran's PTSD and TBI evaluations were improperly reduced from 50% to 30% and 40% to 10%, respectively. The ratings have been restored to their original levels of 50% for PTSD and 40% for TBI, effective November 1, 2020.

Service connection is granted for tinnitus. Service connection is denied for bilateral hearing loss and TBI and residuals.

The Veteran's PTSD with TBI was rated at 70 percent, and post-traumatic headaches were not rated higher than 0 percent. The appeal for a higher rating was denied.

The Veteran's appeal for a rating in excess of 10 percent prior to June 17, 2019, and in excess of 70 percent thereafter, for residuals of a traumatic brain injury is dismissed as the Board lacks jurisdiction due to improper acceptance under the Legacy system.

The Board has determined that new and relevant evidence has been received to readjudicate the claims for service connection for malignant melanoma, stroke, and TBI. The claims are being remanded due to insufficient medical opinions regarding the etiology of the Veteran's stroke.

The Veteran's claims for PTSD, headaches, dizziness, weakness, and loss of sleep associated with PTSD and TBI, left little finger disability, left index finger disability, and left long finger disability are denied as the earliest effective date is July 21, 2023.,The Veteran's claim for a compensable evaluation for TMJ from noncompensable to 10 percent prior to July 21, 2023 is also denied.

The Veteran's need for the regular aid and attendance of another due to service-connected residuals of traumatic brain injury (TBI) is granted from February 21, 2014.

The Board has determined that the Veteran's service-connected disabilities, including PTSD with TBI and mild neurocognitive disorder, migraine headaches, sleep apnea, tinnitus, and bilateral hearing loss, have rendered him unable to secure or follow a substantially gainful occupation. As such, the appeal for Total Disability Rating Based on Individual Unemployability (TDIU) is granted.

The Veteran's TBI residuals and headaches are being remanded for further examination and opinion regarding the potential service connection due to Gulf War exposure, as well as a toxic exposure risk activity.

The Veteran's service-connected disabilities, including bilateral knee and ankle conditions, low back pain, sciatic radicular pain, TBI, headaches, and PB, are granted. The Veteran is currently rated at 70% for PTSD.

The Veteran's claims for service connection are remanded due to insufficient development and examination. The Board will consider additional evidence, including toxic exposure risk activity.

The Board denied service connection for a traumatic brain injury (TBI) as there is no current diagnosis of TBI and the evidence does not support an in-service occurrence or nexus to service.

The Veteran's appeal is remanded for an addendum opinion regarding the relationship between his migraine headaches and service.

The Veteran's TDIU claim is remanded for an assessment of his employability in light of service-connected disabilities prior to March 18, 2019.

The Veteran's claim for an effective date prior to May 2, 2017 for the grant of TDIU and DEA benefits was denied. The Board found that the Veteran did not meet the criteria for a TDIU from January 25, 2010, due to his service-connected disabilities.

The Board has decided to remand both claims for increased evaluations of TBI and major depressive disorder due to inadequate examinations and the need for new assessments.

The Veteran's TBI did not result in any residuals or impairment beyond his service-connected migraines.,The Veteran is seeking a higher rating for PTSD, and the Board finds that further guidance is needed to clarify the severity of his condition.

The Veteran's appeal is for a higher disability rating for his traumatic brain injury residuals, which was previously granted at 100 percent effective November 9, 2022. The Board finds that there are outstanding VA treatment records from the relevant period on appeal and orders their retrieval to be associated with the claims file.