Traumatic brain injury (TBI) decisions — 2024

The Veteran withdrew his appeals for service connection regarding traumatic brain injury and major depressive disorder.

The Veteran's PTSD has been rated at 100 percent disabling since May 2012, and he is already in receipt of special monthly compensation (SMC) under 38 U.S.C. § 1114(s). Therefore, the issue of entitlement to an increased rating for PTSD is denied as moot.

The appeal to reduce the disability rating from 70 percent to 30 percent for posttraumatic stress disorder with traumatic brain injury is dismissed because it was not a final decision.

The Veteran's service-connected disabilities, including traumatic brain injury and back pain, resulted in the need for regular aid and attendance. The Board found that SMC aid and attendance is granted based on these conditions.

The Veteran's service-connected tonic-clonic seizures are granted a 60 percent rating effective March 21, 2017. The appeal for increased ratings for PTSD and TBI is denied.

The Veteran's claims for service connection and increased ratings for various conditions have been denied. The Board found that the evidence did not support a higher rating for bilateral hearing loss, and there was no service connection established for most of the claimed conditions.

The Veteran's claims of increased ratings for his left ear hearing loss, incision scar posterior neck, and cervical spine disability are denied. The claim for service connection for TBI is remanded.

The Veteran's claim for special monthly compensation based on aid and attendance is remanded due to the need for a new examination focusing solely on his service-connected disabilities.

The Veteran's claim of entitlement to a separate, compensable disability rating for his TBI is being remanded due to procedural errors and the need for an addendum VA medical opinion.

The appeal regarding a rating in excess of 50 percent for MDD and TBI is dismissed. The effective date for Dependents' Educational Assistance (DEA) benefits is denied.

The Veteran's claims for service connection for residuals of exposure to weapons of mass destruction, TBI residuals, and GERD are remanded due to the submission of new evidence. The claim for TBI residuals is also remanded for a VA examination.

The Board has decided to remand the case due to a duty-to-assist error, and will need to obtain an updated examination to determine if the Veteran's current symptoms are related to his in-service head injury.

The Veteran's migraines are rated at a 10 percent initial rating, granted.,Service connection for TBI is granted. The Veteran had a TBI in service and continues to experience symptoms.

The Veteran's claim for a higher disability rating for tension headaches has been remanded. The Board requested additional evidence and an examination to assess the severity of his migraines.,The earlier effective date claim for service connection for residuals of traumatic brain injury is dismissed as the Veteran did not perfect his appeal within the required timeframe.

The Board has decided to remand the case due to incomplete records and need for a new VA examination.

The Veteran's claim for a higher rating for PTSD is denied, and the claim for TBI residuals is granted with a 10% rating effective May 24, 2021.

The Board has determined that the effective date for SMC based on the need for regular aid and attendance for the Veteran's spouse should be prior to June 20, 2020. The claim is being remanded due to a failure to obtain relevant medical records from the Veteran's spouse.

The Board has remanded the Veteran's claims for service connection due to outstanding records and duty to assist omissions.

The Board has remanded the claim for service connection for Female Sexual Arousal Disorder (FSAD) as secondary to Post-Traumatic Stress Disorder (PTSD) and Alcohol Use Disorder with Traumatic Brain Injury (TBI), due to a lack of an opinion addressing whether the Veteran's PTSD, alcohol use disorder with TBI, or any medication prescribed for these conditions caused or aggravated her FSAD.

The Board has decided to remand the case due to insufficient evidence regarding the onset of the Veteran's TBI residuals and their relation to service. The Veteran will need a new medical opinion to determine if his TBI at least as likely as not had its onset in service.