Traumatic brain injury (TBI) decisions — 2024

The Board has granted service connection for the aggravation of obstructive sleep apnea by the service-connected sinusitis and denied service connection for traumatic brain injury.

The Board has determined that the Veteran's TBI does not warrant a separate compensable disability rating, as his symptoms are more likely attributable to his service-connected PTSD.

Your appeal for a higher rating for your traumatic brain injury has been withdrawn by you, so it is dismissed.

The Board has remanded several issues related to service connection and increased ratings for various conditions, including left knee condition, PTSD, neck condition, TBI, and migraine headaches. The AOJ is instructed to consider the new evidence added since the March 2020 SOC.

The Board has determined that the Veteran's appeal of several issues, including service connection for right ear hearing loss and increased ratings for various disabilities, is inextricably intertwined with the need to obtain additional evidence. The appeals are therefore being remanded to ensure compliance with VA's duty to assist.

The Veteran's PTSD with unspecified depressive disorder and traumatic brain injury is rated at 100 percent effective November 2, 2016. Effective May 5, 2021, the Veteran is granted special monthly compensation based on housebound status.

The Veteran's TDIU claim is remanded due to an inextricably intertwined issue with his appeal for a higher rating for PTSD with TBI. The effective date of the higher rating remains pending.

The Veteran's TBI residuals, post-traumatic headaches, and left superior frontal scalp scar are being granted effective from May 25, 2017.,Initial compensable ratings for the Veteran's TBI residuals, post-traumatic headaches, and left superior frontal scalp scar are remanded due to inadequate examination reports.

The Veteran's claims for service connection for TBI residuals and NASH have been reopened, and both conditions are now granted.

The Veteran is granted a schedular TDIU from October 23, 2008, to September 28, 2021.,The claim for a schedular TDIU from September 28, 2021, to July 1, 2023, is dismissed as moot due to the Veteran's receipt of a combined 100% disability rating.,An initial compensable rating for posttraumatic headaches was denied.,The Board referred the issue of an extraschedular TDIU prior to October 23, 2008, to the Director.

The Board denied service connection for Traumatic Brain Injury (TBI) and related conditions, finding that the Veteran's TBI did not manifest during service or have a nexus to service. The issues of seizure disorder and neurocognitive disorder as secondary to service-connected disabilities were also denied.

The Board denied the Veteran's claims for service connection and increased rating for various conditions, including bilateral hearing loss, tinnitus, traumatic brain injury, lung condition due to asbestos exposure, and non-prostrating posttraumatic headaches. The reasons given were that there was no evidence of a nexus between these conditions and service.

The Board has remanded the Veteran's claims for service connection for TBI residuals and PTSD due to new evidence received after a previous denial. The case is now in a posture where the Veteran's claim may be addressed on its merits.

The Board dismissed all appeals regarding effective dates and ratings for the Veteran's service-connected conditions, including left foot plantar fasciitis and panic disorder without agoraphobia with TBI.

The Board has decided the claims for bilateral hearing loss and frostbite of the left upper extremity, but due to new evidence added to the record since the last decision, the case is being sent back to the agency of original jurisdiction (AOJ) for further review.

The Veteran's back condition is granted service connection, while the frostbite residuals of the bilateral feet are remanded for further review.

The Veteran's appeals for higher ratings in several service-connected disabilities are remanded due to the need for updated VA examinations and treatment records.

The Veteran's claim for an effective date earlier than June 15, 2017 for the grant of service connection for tinnitus has been denied. The Veteran is already in receipt of the maximum permissible scheduler rating for his tinnitus.,The Veteran's claim for a rating in excess of 10 percent for tinnitus has been denied. His assigned rating contemplates that disability picture.,The Veteran's claims for service connection for an acquired psychiatric disability, traumatic brain injury (TBI), loss of the left leg (amputation), and loss of the left arm (amputation) have been remanded due to inextricably intertwined issues with his claim for service connection for a right elbow disability.,The Veteran's claim for service connection for hypothyroidism, claimed as secondary to medication, has been remanded due to inextricably intertwined issues with his claim for service connection for an acquired psychiatric disability (including neuro-psychiatric and sleep conditions).,The Veteran's claim for service connection for a right elbow disability has been remanded.,The Veteran's claim for service connection for traumatic brain injury (TBI) has been remanded.

The Board has remanded the claim for readjudication based on new evidence, including treatment records and a July 2023 TBI examination. The AOJ must consider this additional evidence in their decision.

The Board has ordered a VA medical opinion to determine if the Veteran's headache disorder is at least as likely as not caused or aggravated by his service-connected obstructive sleep apnea, TBI, and/or acquired psychiatric disorder. The remand requires completion of this order.