Traumatic brain injury (TBI) decisions — 2024

The Board has determined that the Veteran does not have a current diagnosis of neurological disorder of the buttocks, and any symptoms are attributed to already service-connected right and left lower radiculopathy of the sciatic nerve. The claims for residuals of TBI and radiculopathy of the upper extremities are remanded due to duty-to-assist errors.

The Board has granted service connection for Traumatic Brain Injury, Migraine Headaches, and Sleep Apnea. The TBI is found to be of service origin, the headaches are related to the TBI, and the sleep apnea is linked to the Veteran's service-connected disabilities including his TBI.

The Veteran's TBI and PTSD with adjustment disorder with mixed anxiety and depression, and alcohol use disorder in remission are granted. The right shoulder condition is denied as not shown to be related to service or a presumptive exposure basis. The left shoulder condition is also denied for the same reasons.

The Veteran's claims for service connection have been denied. The Board found that the evidence did not support a finding of aggravation or secondary service connection, and that there was no clear and unmistakable evidence to rebut the presumption of soundness for allergic rhinitis and appendectomy residuals.

The Veteran's claims for increased ratings for post traumatic headaches and PTSD with TBI, as well as his claim for a total disability rating based on individual unemployability (TDIU), are being remanded due to pre-decisional duty to assist errors in the prior January 2021 decision. The AOJ is instructed to correct these errors by obtaining VA examinations and medical opinions.

The Veteran's TBI, GERD, headaches, ED, right knee arthritis, left hip strain, and right hip strain are all granted service connection.,Service connection for degenerative disc disease of the thoracolumbar spine is also granted as secondary to right knee arthritis.

The Board denied service connection for residuals of a traumatic brain injury (TBI) and left ear injury as there is no current diagnosis or treatment for these conditions.

The Board has decided to remand the case due to a need for a VA examination to determine if the Veteran's TBI is related to her military service. The current evidence does not definitively establish this relationship.

The Veteran's claims for bilateral hearing loss, bilateral tinnitus, and TBI are remanded due to the need for additional medical examinations and opinions.

The Veteran's claim for a higher rating for his service-connected acquired psychiatric disorder and traumatic brain injury was denied. The Board found that the evidence did not support a higher rating than 70%.

The rating reduction for service-connected traumatic brain injury (TBI) from 10 percent to 0 percent, effective July 1, 2022, was not proper and the appeal for restoration is therefore granted. The Veteran's TBI claim for a rating in excess of 10 percent remains pending.

The Veteran's claim for a 100 percent rating for PTSD with stimulant use disorder and alcohol use disorder, including TBI with vertigo is granted. The claim for a separate compensable rating for TBI is denied.

The Veteran's TBI rating was improperly reduced from 40 percent to 0 percent, and the Board has restored the original 40 percent rating for the period from February 14, 2023, to April 5, 2023.

The Board has granted earlier effective dates of November 7, 2018 for service connection for Traumatic Brain Injury (TBI) and Migraine Headaches as secondary to TBI.

The Board has decided to remand the case due to an inadequate medical examination in determining whether the Veteran's TBI requires a higher level of care, which is necessary for SMC under 38 U.S.C. § 1114(t).

Your appeal for service connection of traumatic brain injury has been dismissed as the appellant requested to withdraw the appeal.

The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment, and the Board has determined that his TDIU appeal is denied.

The Veteran's claims for service connection and increased disability ratings are being remanded due to incomplete records from non-VA civilian providers and the VA emergency room. The Board requests authorization for these missing records.

The Board denied service connection for TBI and blackouts, finding no current disability. Service connection for hypertension from August 10, 2022 due to herbicide exposure is granted under the PACT Act.

The Board has remanded the case due to incomplete records and a need for a medical opinion regarding the Veteran's mental state at the time of his misconduct.