Traumatic brain injury (TBI) decisions — 2024

The Board has decided to remand the case due to an error in satisfying VA's duty to assist prior to the July 2019 decision.

The Board has decided that the Veteran's claim for service connection for residuals of traumatic brain injury should be remanded due to a duty-to-assist error. The Veteran needs an examination to determine if his TBI or its residuals are related to his military service.

The Board has remanded the case due to unresolved issues regarding a potential clear and unmistakable error in a previous rating decision, as well as earlier effective date determinations for various service-connected conditions.

The Veteran's heart condition, supraventricular tachycardia, is currently rated at 10 percent. The Board finds no basis to grant a higher rating.,An initial disability rating of 30 percent for the Veteran's migraine headache disorder is granted.

The Board dismissed the claim for service connection for a TBI and granted service connection for facial eczema. The Veteran withdrew his claim for TBI, which was not further addressed by the Board.

The Veteran's PTSD with major depressive disorder, alcohol/cannabis use disorder, and TBI have been granted a 100% evaluation for the entire period on appeal. The effective date is set at December 27, 2016.

The Board has remanded the case for further development and examination, including a VA examination to determine if the Veteran's migraine headaches are caused or aggravated by his service-connected psychiatric disabilities.

The Veteran's service-connected unspecified depressive disorder with anxious distress and residuals of TBI is rated at least 70 percent, warranting a grant of an increased rating.

The Veteran is granted special monthly compensation (SMC) based on a higher level of aid and attendance due to his service-connected vascular headaches, cluster type, related to traumatic brain injury. The evidence shows that the Veteran requires constant care from his wife for daily activities as a result of these conditions.

The Veteran's PTSD with TBI residuals are rated at 100 percent effective October 12, 2016.,Migraine headaches are rated at 50 percent effective October 12, 2016.

The Veteran's claim for an increased rating for disfigured left middle finger was denied as the current range of motion remains within the description for a 10 percent disability. The TDIU claim was also denied due to the Veteran's service-connected disabilities not precluding him from securing and following substantially gainful employment.

The Veteran's depression and TBI symptoms have been rated at 70 percent effective from October 19, 2009. A separate rating of 30 percent for post-concussive headaches has also been granted since December 3, 2015.

Your appeals for service connection for bilateral hearing loss, tinnitus, frostbite of the left foot, and frostbite of the right foot have been dismissed because your Notice of Disagreement was not timely filed.

The Board has decided to remand the case due to inadequate examination and causal linkage opinion, requiring a new VA examination.

The Veteran's claim for headache, a residual of his service-connected traumatic brain injury (TBI), is granted with an effective date of October 23, 2017.

The Board denied the Veteran's claim for service connection for TBI with memory loss and visual disturbances as there is no persuasive evidence of a current diagnosis or in-service injury related to these conditions.

The Veteran's right foot drop is granted as secondary to his service-connected lumbar degenerative disc disease. The claims for residuals of frostbite, right hand and left hand are denied.

The Board denied the Veteran's claim for service connection for a traumatic brain injury (TBI) due to lack of evidence supporting a current diagnosis of TBI.

The Veteran's PTSD with TBI prior to March 27, 2020 resulted in occupational and social impairment with reduced reliability and productivity.

The Veteran withdrew his appeal regarding the issue of entitlement to service connection for frostbite of bilateral feet before a decision was made.