Traumatic brain injury (TBI) decisions — 2024

The Veteran's appeal has been dismissed as he withdrew his appeals for sleep apnea, a compensable rating for headaches, and a rating in excess of 70 percent for PTSD with alcohol abuse and TBI.

The Board has decided that the Veteran's TBI claim is granted, but has remanded his sleep apnea claim due to insufficient evidence.

The Board has remanded the case due to a pre-decisional duty to assist error, and will consider evidence of record at the time of the October 2020 rating decision.

The Veteran's claim for service connection for a TBI is denied as there is no persuasive evidence of a current diagnosis.,For the left ankle lateral collateral ligament sprain, the Veteran's disability does not meet or approximate the criteria for an initial rating in excess of 10 percent.

The Veteran's service-connected PTSD with depressive disorder and TBI have rendered him unable to secure or maintain substantially gainful employment since August 7, 2020. He is now eligible for SMC based on a single total disability rating.

The Board denied service connection and initial compensable ratings for bilateral hearing loss, traumatic brain injury residuals, and facial scarring due to the Veteran's failure to report for VA examinations.

The Board has remanded the case to evaluate whether a separate compensable rating is warranted for the Veteran's TBI residuals, including his vestibular injury and balance/dizziness symptoms. The DROC will schedule an examination and obtain a medical opinion regarding these issues.

The Veteran's claim for service connection for COPD and increased ratings for tension headaches associated with traumatic brain injury and bilateral pes planus were denied. The Board found that the evidence did not support a finding of in-service onset or relationship to service for COPD, and that the Veteran's tension headaches did not meet the criteria for a 50% rating under Diagnostic Code 8100.

The Veteran's tinnitus, PTSD, and TBI are all granted service connection. The case is remanded for further evaluations on hypertension, plantar fasciitis with pes planus, heart block, and an earlier effective date.

The Veteran's appeal is partially remanded due to insufficient examination regarding his TBI symptoms. The case for PTSD and TBI remains under review.

The Veteran's service-connected disabilities result in the need for aid and attendance, as he requires assistance with bathing, toileting, dressing, managing medication, eating, preparing food, and shaving.

The Board has granted an effective date of May 26, 2011 for the grant of service connection for insomnia disorder with residual disability from TBI. The Veteran's claim was pending within one year of his separation from service. However, the matter of entitlement to a compensable rating for residuals of TBI is remanded due to unclear symptom overlap and need for updated examination.

The Veteran's claim for an increased level of SMC was denied as he does not meet the criteria for any of the available rates under VA regulations.

The Board has remanded the claims for prostate and colon cancer due to exposure to asbestos and/or herbicide agents, as well as the TBI claim. The case will be returned for further development.

The Board has granted an initial rating of 70 percent for PTSD with depressive disorder and TBI, finding that the Veteran's symptoms more closely approximate a 70 percent disability rating.

The Veteran was granted a TDIU from August 29, 2018 to February 12, 2021 due to his service-connected disabilities preventing him from securing or following substantially gainful employment.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for a right testicular disability, tinnitus, and dental trauma to include TMJ. The claims for service connection for bilateral hearing loss, low back disability, dyspepsia, eye disorder, headaches, left wrist condition, neck condition, right shoulder condition, and traumatic brain injury are remanded due to outstanding VA treatment records.

The Board has remanded the case due to inadequate medical opinions and new evidence, including a finding of qualifying deployments under the PACT Act. The Veteran's sleep apnea is being evaluated for direct service connection as well as secondary to his service-connected PTSD, TBI residuals, migraine headaches, or tinnitus.

The Board has remanded the Veteran's claims of service connection for traumatic brain injury, seizure disorder, and an acquired psychiatric disorder due to new evidence obtained after a previous denial.

The Veteran's acquired psychiatric disorder, including PTSD, major depressive disorder, and generalized anxiety disorder, was not incurred in or aggravated by service.,There is no evidence of an eye disorder related to service exposure. The Veteran's current eye conditions are more likely due to aging.