Traumatic brain injury (TBI) decisions — 2024

The Veteran's service-connected disabilities require him to be in need of regular aid and attendance, as he is unable to perform daily activities without assistance due to his multiple conditions.

The Board has determined that the reduction of the rating for Traumatic Brain Injury from 40 percent to 10 percent, effective December 1, 2020, was proper due to clear and unmistakable error (CUE) in the initial rating. The appeal for restoration of the 40 percent rating is denied.

The Veteran's right ankle ligamentous injury, major depressive disorder, TBI, erectile dysfunction, and obstructive sleep apnea are all rated at their maximum allowable levels. The appeal for increased ratings is denied.

The Veteran's residuals of right pneumothorax with mild restrictive lung disease, currently rated at 0 percent disabling, is continued.,The criteria for an earlier effective date for a 70 percent rating for PTSD and traumatic brain injury prior to January 17, 2019, are not met.

The Veteran's migraine and chronic headaches as residual of TBI are rated at 50 percent effective December 4, 2019. SMC is granted for the same period.

The Veteran's appeals for earlier effective dates for service connection on the left shoulder, cervical spine, right wrist, and TBI have been denied.,The May 2021 rating decision was found to contain CUE in assigning initial ratings of 20% for carpal tunnel syndrome of the left wrist and elbow, as well as for carpal tunnel syndrome of the right wrist.

The Veteran's service connection claims for traumatic brain injury, depression on a secondary basis, and PTSD on a secondary basis are all granted. The rating for seizures is denied.

The Veteran's TDIU claim is denied as the highest schedular rating (100%) for PTSD has been granted, making a TDIU moot. The earlier effective date of August 29, 2018 for DEA eligibility is granted.

The Board has remanded the case for further development to obtain a medical opinion regarding the Veteran's Parkinson's Disease, including its relationship to Gulf War neurotoxins exposure and other factors. The service connection claim for TBI is also referred for appropriate action.

The Veteran's initial claim was denied due to the lack of a clear statement regarding his claims. The Board finds that remand is necessary for clarification and completion of the application.

The Veteran's service-connected disabilities, including traumatic brain injury (TBI), have rendered him unable to secure and follow a substantially gainful occupation as of October 26, 2012. The Board has granted TDIU for the period prior to June 22, 2021.

The Veteran's service connection claims for TBI and PTSD have been denied. The effective date for the grant of service connection for PTSD has also been denied, as has a higher rating for PTSD.

The Veteran's lumbar spine disability is rated at 10 percent, which does not meet the criteria for a higher rating.,A 10 percent rating is granted for his hernia scar due to pain.,The Veteran's TBI is currently rated as non-compensable. A separate 10 percent rating is granted for his headache disorder secondary to TBI.,The Veteran does not meet the criteria for a higher disability rating for any of his conditions.

The Board denied the Veteran's claim for service connection for residuals of a traumatic brain injury, finding that there was no current disability and insufficient evidence to support a diagnosis of TBI.

A disability rating of 70 percent for PTSD is granted, and SMC at the housebound rate is also granted. Service connection for TBI, migraines, lumbar spine condition, cervical spine condition, and peripheral neuropathy of the right upper extremity are all denied.

The Board denied a request for an effective date prior to July 18, 2019 for service connection of PTSD with mild TBI and related conditions. The Veteran's claim was not filed before this date.

The Veteran's claim for SMC under 38 U.S.C. § 1114(t) is remanded due to incomplete records and inadequate examinations, which may affect her eligibility for the benefit.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and opinions. The initial rating for PFB remains denied.

The Veteran withdrew his appeals for service connection of various knee, hip, and elbow disorders as well as cold injury residuals (frostbite) of the right foot. The Board dismissed all issues in this appeal.