Traumatic brain injury (TBI) decisions — 2024

The Board has determined that further development is needed to determine if the Appellant was insane at the time of his discharge and to obtain a DD Form 215 for a general discharge due to medical reasons.

The Board has determined that the Veteran's diagnosed Traumatic Brain Injury had its onset during his active-duty military service and is related to his service. Therefore, the claim for service connection for Traumatic Brain Injury is granted.

The Board has dismissed all issues on appeal due to the Veteran's withdrawal of his appeals.

The Board has determined that the Veteran's TBI is related to his active service and grants entitlement to service connection for this condition.

The Veteran's claim for service connection for cold injury residuals of the bilateral feet (frostbite) is granted. The claims for sinusitis and chronic rhinitis are denied.

The Veteran's PTSD with TBI resulted in significant occupational and social impairment, warranting a 70% disability rating from August 16, 2013 to April 30, 2016. The appeal is granted for this period.

The Board found that the Veteran's depressive disorder with depressive features and TBI with mild cognitive impairment had improved, warranting a reduction from 70% to 50%. The effective date of this reduction was January 1, 2021.

The Veteran's appeals for increased ratings on her service-connected migraine headaches, lumbar spine disability, PTSD with TBI, and scar of the right lateral forehead have been dismissed as she has withdrawn her appeal in its entirety.

The Veteran's appeal for an earlier effective date for a 70 percent rating for PTSD with unspecified depressive disorder was denied. The Board found that there is no legal or factual basis for the assignment of such an earlier effective date.,An issue regarding an earlier effective date for a 100 percent rating for bilateral hearing loss and another for residuals of TBI were both remanded by the Board.

The Board has granted service connection for Traumatic Brain Injury, but the issue of service connection for Acquired Psychiatric Disorder is remanded due to duty-to-assist errors.

The Veteran's claims for increased ratings and a TDIU are being remanded due to the AOJ failing to consider all of his current TBI residuals in the March and June 2020 rating decisions. The Board finds that additional development is needed, including evaluations and adjudication of these claims.

The Board has granted the reopening of the issue of service connection for an acquired psychiatric disorder, claimed as PTSD. The other issues remain denied.

The Board has decided to remand the case due to the need for a telehealth examination and additional medical opinion regarding the Veteran's claimed residuals of traumatic brain injury.

The Veteran's claims for increased evaluations of his service-connected traumatic brain injury (TBI) prior to October 19, 2012, and thereafter have been dismissed as the Veteran withdrew all pending claims.

The Veteran's headaches and anxiety condition with insomnia are granted service connection. The PTSD claim is denied, while the TBI and seizure disorder claims are remanded for further evaluation.,The Veteran has been diagnosed with current conditions of headaches, anxiety with insomnia, and a seizure disorder. Service connection is granted for these conditions.

The Board has granted an earlier effective date of September 17, 2012 for the grant of a TDIU and DEA benefits due to service-connected disabilities that rendered the Veteran unable to secure or follow substantially gainful employment.

The Board has dismissed the Veteran's appeals for an earlier effective date for a 100 percent evaluation for PTSD with TBI and basic eligibility for Dependents' Educational Assistance (DEA) because of concurrent elections. The Veteran did not have a permanent total service-connected disability prior to April 12, 2021.

The Veteran's TBI residuals are granted service connection, and the need for aid and attendance is denied.

The Board has granted effective dates of November 15, 1983 for service connection of migraine headaches and TBI residuals. The Veteran's claims encompassed these conditions from the date he filed his claim on November 15, 1983.

The Veteran's claim for an effective date of May 19, 2010, for the award of service connection for TBI is granted. The matter of initial rating in excess of 70 percent for TBI is remanded.