Traumatic brain injury (TBI) decisions — 2024

The Veteran's appeal for an initial disability rating in excess of 40 percent for TBI, prior to September 1, 2020, and a compensable rating for TBI from September 1, 2020, is dismissed due to the Veteran's passing.

The Board has granted earlier effective dates of March 14, 1995 for the awards of service connection for Traumatic Brain Injury and Deviated Nasal Septum.

The Board has granted SMC at the housebound rate based on the Veteran's service-connected dysthymia with social anxiety disorder, neurocognitive disorder, and traumatic brain injury. The combined rating of his other disabilities meets the threshold for housebound status.

The Board has determined that the VA examination report from August 2022 was inadequate and remanded for a new examination. The Veteran's TBI residuals, including blurred vision, headaches, fatigue, and sleeplessness, are being reviewed.

The Veteran's appeals for increased ratings for PTSD and TBI residuals have been denied. The Board found that the evidence did not support a higher rating than 30 percent for PTSD or 10 percent for TBI residuals.

The Veteran's claims for service connection were denied, and the Board found that no earlier effective date could be assigned due to failure to continuously pursue the claim within one year of the decision on appeal.

The Veteran's adjustment disorder with depressed mood and residuals of traumatic brain injury is rated at 70 percent, effective January 22, 2019.

The Veteran's TBI with migraines is rated at 100% disabling effective July 24, 2018. Prior to this date, he was rated at 70%. The Board found the evidence in balance that his service-connected disabilities preclude him from obtaining or maintaining a substantially gainful occupation.

The Board has granted service connection for Traumatic Brain Injury and Seizure Disorder, with the latter being secondary to the Veteran's service-connected PTSD.

The Veteran's appeal for service connection for PTSD, TBI, tension headaches, a lumbar spine compression fracture, a right elbow fracture, scars of the right forearm, neuropathy of the right upper extremity, a right wrist fracture, and tinnitus previously found to be service connected for treatment purposes only is dismissed. Service connection for a right knee disability is granted.

The Veteran's depressive disorder and TBI residuals are rated at 70 percent and 10 percent, respectively. The effective date for the increased rating is October 21, 2013.

The Board granted a 70 percent disability rating for PTSD with TBI and memory loss prior to June 6, 2019, and a 30 percent disability rating for headaches prior to the same date.

The Veteran's claims for service connection for various conditions are being remanded due to duty-to-assist errors.

The Board remands the claims for service connection for traumatic brain injury (TBI) residuals and posttraumatic stress disorder (PTSD) to verify an in-service stressor related to a reported fall incident.

The Board has remanded the claim for service connection for lumbosacral strain due to a duty to assist error and the need for additional medical opinions regarding causation and aggravation.

The Board has granted the Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) after finding that his credible statements demonstrate he suffered a TBI in service, resolving all reasonable doubt in his favor.

The Veteran's PTSD with residual of TBI and opioid and stimulant use disorders was granted a rating of 70 percent from March 24, 2021 onward. However, the Veteran's PTSD prior to this date did not meet the criteria for a higher rating. The lumbosacral strain issue remains denied.

The Veteran's disability ratings for compression fracture of T12/L1 and PTSD with traumatic brain injury (claimed as anxiety disorder) have been restored to their previous levels.,An increased disability rating for lumbar radiculopathy, left lower extremity, and degenerative disc disease, cervical spine, is denied.

Your appeal for service connection of a traumatic brain injury has been dismissed because you withdrew the appeal.

The Board has determined that there are errors in the duty to assist and remands several service connection claims for further development.