Traumatic brain injury (TBI) decisions — 2026

The Veteran's claim for a higher rating for tremors is granted, and the appeal regarding service connection for brain disease due to trauma (traumatic brain injury) is dismissed.

The Veteran's claims for service connection for hypertension, tinnitus, traumatic brain injury (TBI), nausea, muscle weakness and pain, bowel incontinence, and urinary incontinence have been denied. The Board found that there is no evidence of a current disability or a relationship between the claimed conditions and military service.,The Veteran's claims for service connection for vertigo and migraine headaches are being remanded.

The Veteran's TDIU and SMC at the housebound rate are granted as of August 8, 2020 due to his service-connected psychiatric disorder preventing him from securing or maintaining substantially gainful employment.

The Veteran's claim for service connection for a right knee condition is denied as there is no current diagnosis of such during the appeal period.,The Veteran's claim for an initial rating in excess of 10 percent for tinnitus is denied. The maximum schedular rating for tinnitus has been granted.

The Veteran's appeal for a higher rating of intervertebral disc syndrome (IVDS) is dismissed. Separate ratings of 30 percent for PTSD and 40 percent for TBI are granted, effective June 20, 2018. A separate 10 percent rating for vertigo associated with service-connected TBI is also granted, effective June 20, 2018.

The Veteran's service-connected disabilities have rendered him unable to obtain and maintain substantially gainful employment, leading to a TDIU award.

The Veteran's posttraumatic headaches rating was restored to 50 percent, and he received a higher disability rating for PTSD with panic disorder and ADHD. A separate disability rating of 40 percent was granted for TBI.

The Veteran's appeal for service connection for a bilateral hearing loss disability and an increased rating for persistent post-traumatic headaches has been withdrawn by the appellant's representative. The appeals for service connection for right knee, left shoulder, IBS, and TBI residuals have been remanded due to lack of VA examination.

The Board denied the Veteran's claim for an earlier effective date for special monthly compensation (SMC) based on aid and attendance, finding that the earliest formal claim was submitted on May 3, 2022.

The Veteran withdrew his appeal regarding the disability rating for his service-connected Traumatic Brain Injury (TBI). The Board dismissed the appeal as a result.

The Veteran's appeal for an increased rating in excess of 70 percent for a mental health disorder is dismissed. The Board grants the Veteran a TDIU from September 2, 2019, but no earlier.

The Veteran disputes the AOJ's decision to deduct $34,004.35 in attorney fees from his net award of past-due benefits ($85,860.34) rather than the total amount of past-due benefits awarded ($170,021.74). The Veteran and his representative are advised that if they continue to disagree with the AOJ's determination, they must file a new VA Form 10182.

The Veteran withdrew his appeal for service connection for right and left carpal tunnel syndrome. The Board also granted the Veteran's requests to readjudicate claims for service connection for residuals of a TBI, migraine headaches, and a neck disability.

The Veteran's migraine headaches are now rated at a 10 percent disability evaluation, effective June 22, 2020.,The Veteran's PTSD with alcohol use disorder and TBI is now rated at a 70 percent disability evaluation, effective June 22, 2020.

The Veteran is granted a higher level of special monthly compensation (SMC) at the N12 rate based on his need for regular aid and attendance due to service-connected TBI with major neurocognitive disorder and PTSD.

The Board has remanded the case for a VA examination to evaluate the nature and etiology of the Veteran's claimed TBI. The claim for service connection for an anxiety disorder, which is secondary to a non-service-connected seizure disorder, remains denied.

The Veteran's PTSD and TBI were rated at 70 percent combined, effective November 27, 2024. The rating for PTSD was increased to 50 percent prior to September 28, 2021, and to 70 percent thereafter.

The Board has denied service connection for residuals of a traumatic brain injury and granted service connection for right elbow olecranon bursitis. The Veteran's TBI is not considered to be related to an in-service fall, while his right elbow disability is found to have had its onset during service.

The Veteran's appeal includes claims for increased ratings for PTSD and major depressive disorder with residuals of TBI, a claim for TDIU, and an earlier effective date for DEA. The Board has determined that the evidence is inadequate to properly assess these issues due to a duty-to-assist error.

The Veteran's service-connected disabilities, including prostate cancer, sleep apnea, and bilateral frostbite, have rendered him unable to secure or maintain substantially gainful employment since September 9, 2015. The Board has granted a TDIU effective that date.