Traumatic brain injury (TBI) decisions — 2024

The Board has determined that the Veteran's TBI, OSA, and headache disability may be related to service. However, due to a duty-to-assist error, VA is required to schedule the Veteran for examinations to determine the nature and etiology of these disabilities.

The Veteran's appeals for increased ratings for radiculopathy of the right and left lower extremities, as well as his claim for service connection for right ear hearing loss have been withdrawn.,Service connection has been granted for a respiratory disability.

The Veteran's claim for an initial disability rating of 70 percent, but not more, for major depressive disorder is granted. The claim for a total disability rating based on individual unemployability (TDIU) is also granted. The claims for service connection for TBI and dizziness are remanded.

The Veteran's initial noncompensable rating for TBI from April 2, 2019 is denied as his TBI does not result in additional cognitive, emotional/behavioral, or physical dysfunction that is not already service-connected and separately evaluated.

The Veteran's claim for service connection for a TBI, to include residuals of a TBI, was granted. The case is remanded for further development regarding the right medial meniscus tear and total disability rating for individual unemployability (TDIU) due to service-connected disabilities.

The Board has dismissed the appeals regarding entitlement to a compensable evaluation for TBI prior to September 20, 2023 and entitlement to an evaluation in excess of 70 percent for PTSD with depressive disorder and TBI from September 20, 2023. The Veteran's legacy appeal was withdrawn when he opted into the modernized review system.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's bilateral hand tremors are caused by or aggravated by his service-connected TBI and PTSD, including the prescribed medication Quetiapine.

The Board has remanded the claims for diabetes mellitus, sinus disability, acquired psychiatric disability (MDD, PTSD), cirrhosis of the liver, facial injury with six teeth missing, right eye injury, tinnitus, bilateral hearing loss, and TBI. The issues are being returned to the RO/AMC for further development.

The Board has determined that the Veteran's service-connected disabilities did not render him incapable of securing or following substantially gainful employment at any time during the period on appeal, and thus denied his claim for a TDIU.

The Board has determined that there are errors in the decision regarding service connection for various conditions and requires additional medical opinions to address these issues.

The Veteran's claims for tinnitus, total disability rating based on individual unemployability (TDIU), and service connection for residual(s) of a traumatic brain injury (TBI), headaches, and an acquired psychiatric disability, claimed as PTSD are being remanded due to the need for further examination.

The Veteran's claims for increased ratings for left shoulder strain and TBI were denied in an August 2017 rating decision. The Veteran did not appeal this decision within one year, making it final.,In a September 2019 rating decision, the left shoulder strain rating was increased to 20 percent, and the TBI increased to 40 percent, effective April 12, 2019, the date the intent to file was received. The Veteran did not submit a claim for an earlier effective date prior to this date.,The Veteran's application for TDIU was granted in September 2019, effective April 12, 2019, based on his last reported work as of November 2017 and the VA examiner's assessment of his unemployability due to PTSD.

The Board has remanded the issue of service connection for a Traumatic Brain Injury (TBI) due to missing relevant private treatment records and inadequate VA opinions. The Veteran's TBI diagnosis is supported by his VA and private treatment records, but further development is needed to determine if it is related to his military service.

The Veteran's appeals have been dismissed due to his death. The claims for hearing loss, tinnitus, headaches, asthma, and PTSD with traumatic brain injury are all being dismissed as the appellant died during the appeal process.

The Veteran's claim for an initial disability rating higher than 10 percent for TBI with tension headaches is being remanded.,An effective date prior to December 13, 2016 for the grant of service connection for TBI with tension headaches has been denied.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran has any residuals of frostbite, including numbness, tingling and pain, at any time during the appeal period.

The Veteran's appeal for a higher disability rating for PTSD with co-morbid residuals of TBI was dismissed.,The Veteran's appeal for a higher disability rating for migraine headaches, associated with PTSD with co-morbid residuals of TBI, from July 3, 2023, to the present, was also dismissed.

The Board has denied a TDIU prior to February 20, 2018, due to the Veteran not meeting the schedular criteria for consideration. The appeal is remanded for further evaluation of the service-connected conditions and their impact on employment.

The Board has remanded both claims of service connection for TBI and related psychiatric disorders, including Alzheimer's disease, as well as the claim for SMC based on need for aid and attendance. The claims are being remanded due to incomplete examinations and conflicting opinions.

The Veteran's service-connected TBI did not result in any impairment for rating purposes, and therefore the claim was denied.