Traumatic brain injury (TBI) decisions — 2026

The Veteran's SMC at the N1/2 rate is granted, and he is also eligible for SMC(r)(1) based on his existing SMC(k) and SMC(o). The appeal regarding entitlement to SMC under 38 U.S.C. § 1114(r)(2) has not been resolved.

The Veteran's claims for increased ratings for post-traumatic headaches, PTSD with TBI, left non-dominant shoulder instability subluxation chronic with clavicle dislocation, recurrent dislocation, and cervical strain with muscle spasms were denied as the Veteran failed to appear at scheduled VA examinations without providing good cause.,The Veteran's claims for increased ratings for non-dominant shoulder instability subluxation chronic with clavicle dislocation and left non-dominant shoulder instability subluxation chronic with recurrent dislocation were also denied due to failure to appear at the scheduled VA examinations.

The Board has decided to remand the claim for a TBI as there is insufficient evidence to determine if it was incurred in service, and additional development is needed.

The Veteran's claims for service connection were dismissed due to his death.

The Veteran's appeal for an increased rating for left ear hearing loss was dismissed. Service connection for TBI and obstructive sleep apnea, secondary to PTSD, were granted. Service connection for a gastrointestinal condition, secondary to PTSD, was also granted.

The appeal regarding service connection for residuals of a traumatic brain injury is dismissed. Service connection is granted for an acquired psychiatric disorder, right shin splints, left shin splints, and hypertension. The claims for skin disability, headache disability, Type II diabetes mellitus, obstructive sleep apnea, lumbar spine disability, right elbow disability, left elbow disability, right wrist disability, left wrist disability, right hand disability, left hand disability, right ankle disability, left ankle disability, right foot pes planus, and left foot pes planus are all remanded for further evaluation.

The Veteran's claim for SMC based on the need for aid and attendance is remanded due to a pre-decisional duty to assist error. The Board finds that an examination is needed to determine if the Veteran requires aid and attendance of another person due to his service-connected disabilities alone.

The Board has decided to remand the case due to errors in obtaining necessary evidence, including service treatment records and private treatment records. The Veteran's PTSD and TBI claims are also being remanded for further evaluation.

The Veteran's service-connected disabilities, including his TBI and PTSD, have rendered him in need of regular aid and attendance. The Board has granted special monthly compensation based on the need for aid and attendance.

The Board has determined that the Veteran's TBI disorder is related to his military service and grants service connection for this condition.

The Board denied service connection for migraine headaches, traumatic brain injury (TBI), gastroesophageal reflux disease (GERD), and erectile dysfunction (ED) as these conditions were not caused or aggravated by the Veteran's service.

The Veteran's TBI and anxiety disorder are granted with separate ratings. The effective date for service connection is June 29, 2018.

The Veteran's claims for increased evaluations and effective dates related to his PTSD with TBI, TDIU, SMC based on housebound criteria, and DEA benefits are being remanded due to the inextricably intertwined nature of a pending Higher-Level Review request regarding the effective date assigned for service connection.

The Veteran's migraines are rated at 50 percent, effective from the date of this decision. A total disability rating based on individual unemployability is granted for all service-connected disabilities.

The Veteran's PTSD with anxiety and depression and traumatic brain injury is rated at 70 percent, effective from the date of the July 2020 decision. The rating for headaches secondary to PTSD remains denied.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected posttraumatic stress disorder (PTSD) and for residuals of traumatic brain injury, finding that both conditions are related to her military service.

The Veteran's tinnitus is granted as service-connected due to in-service noise exposure.,Right ear hearing loss is denied as there is no current diagnosis under VA regulations.

The Veteran's TBI is granted as service connected, while his sleep apnea remains denied.

The Board has granted service connection for the cause of death due to a service-connected traumatic brain injury with persistent adjustment disorder. The DIC claim under 38 U.S.C. § 1318 is dismissed as moot because the Veteran's death was caused by his service-connected disabilities.

The Veteran's appeal for an earlier effective date for PTSD with major depressive disorder and traumatic brain injury was withdrawn. The Veteran's migraine headaches are now rated at 50% disability, the maximum rating allowed under VA guidelines. However, his claim for TDIU due to service-connected disabilities is being remanded.