Traumatic brain injury (TBI) decisions — 2024

The Board granted an increased rating of 70 percent for the psychiatric disorder from April 5, 2023.

The Veteran's traumatic brain injury and adjustment disorder with depressed mood were granted a 30 percent rating for the period from May 21, 2012 to January 22, 2015.

The Veteran's TDIU claim is granted from February 19, 2020 to February 24, 2022 due to the combined rating of his service-connected disabilities meeting the schedular requirements for TDIU.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal before a decision was made.

The Board has granted an earlier effective date of September 23, 2021 for the award of service connection for migraine headaches and a TDIU due to service-connected disabilities.

The Veteran is granted special monthly compensation based on aid and attendance due to his service-connected disabilities, but denied housebound status and TBI-based SMC.

The Board dismissed the appeal regarding the proposed reduction of the rating for service-connected insomnia with TBI residuals from 30 percent to 10 percent as it was premature.

The Board has restored the disability ratings for migraine headaches, TBI and major depressive disorder, and left ankle sprain to their previous levels due to improper reduction.

The Veteran's appeal for increased ratings and service connection for various conditions, including OSA with asthma, chronic fatigue, chronic pain, TBI, and a back condition, was denied. The case is remanded to obtain the Veteran's complete service treatment records.

The Board has decided to remand the claim for a new VA examination and medical opinion regarding the nature and etiology of the Veteran's Traumatic Brain Injury (TBI). The examiner is requested to provide opinions on whether the Veteran had a diagnosable TBI at the time of the pre-service motor vehicle accident, if there was aggravation or exacerbation of previous TBI symptoms during service, and if current TBI symptomology is related to either prior or in-service TBIs.

The Veteran's appeal for a higher rating for PTSD with alcohol use disorder and TBI residuals is being remanded due to the need for further evaluation of his TBI residuals.

The Veteran's PTSD with TBI is currently rated at 70 percent, and the Board has determined that a higher evaluation is not warranted due to the lack of total occupational and social impairment.

The Board remands the issues of entitlement to a disability rating in excess of 10 percent for TBI prior to August 16, 2019; entitlement to a disability rating greater than 70 percent for TBI with memory loss and PTSD since August 16, 2019; and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities prior to August 26, 2021.

The Veteran's claim for an earlier effective date for the grant of service connection for PTSD is denied as there was no indication prior to August 4, 2016 that he intended to file a claim for PTSD.

The Board denied the Veteran's claims for service connection for various conditions, finding that no new and relevant evidence had been received to support these claims.

The Board has remanded the claims of service connection for lower back disability, traumatic brain injury (TBI), and right shoulder disability due to insufficient medical opinions and potential failure to obtain all relevant records.

The Veteran's appeal for service connection for traumatic brain injury has been dismissed due to his withdrawal of the appeal.

The Board found that the appellant's character of discharge was not a bar to VA benefits due to insanity at the time of misconduct, and thus granted his appeal for service connection.

The Veteran's appeal seeking an increased rating for Traumatic Brain Injury (TBI) and combined it with his already-service connected Posttraumatic Stress Disorder (PTSD) was dismissed as the July 19, 2018, decision that granted service connection for TBI and combined it with PTSD is subsumed by a later January 16, 2024, Board decision that granted a 70 percent rating for both conditions.

The Veteran's TBI was manifested by symptoms including mild memory loss, occasional mood swings, and difficulty with concentration. The Board found that the highest level of evaluation for any facet is a (1), which corresponds to a 10 percent rating.