Traumatic brain injury (TBI) decisions — 2026

The Board has determined that the Veteran's injuries sustained in a June 2021 motorcycle accident were not incurred in line of duty due to his own willful misconduct, and therefore, service connection for all claimed conditions is denied.

The Veteran's service-connected cold injury residuals with arthralgia of the right and left hands have been granted, with a disability rating of 30%.

The Board has granted service connection for traumatic brain injury based on aggravation of a pre-existing disability, and remanded the issue of service connection for an acquired psychiatric disorder.

The Board has remanded the Veteran's claims due to insufficient evidence and need for further examination. The issues include service connection for TBI residuals, rating in excess of 50 percent for OSA with restrictive lung disease, and service connection for cervical spine, right shoulder, and right knee disabilities.

The Board has decided to remand the case due to inconsistencies in the VA examination report and the need for further clarification on whether the Veteran's hyposmia is a TBI residual or related to his nasal fracture. The case will be returned for an orthopedic examination to clarify the severity of the service-connected TBI residuals.

The Veteran's TBI with PTSD is rated at 100 percent from June 2, 2009, to February 2, 2017, and from March 1, 2017, to February 16, 2020.

The Veteran's PTSD and associated brain injury residuals are rated at a 70 percent since December 30, 2021. This rating is granted for the period from December 30, 2021 to present.

The Veteran's claim for a higher evaluation for his headaches, including migraine and tension headaches, is denied. The Veteran was granted TDIU based on PTSD with MDD and GAD with TBI.

The Board has decided to remand the case due to duty-to-assist errors, and a VA examination is needed to determine if the Veteran's TBI and its residuals are related to his service.

The Veteran's PTSD and alcohol use disorder with TBI residuals did not result in total occupational and social impairment at any point prior to May 20, 2021. The Board denied a rating greater than 70 percent for these conditions.

The Board has determined that the character of the Appellant's discharge is a bar to VA benefits, and thus did not address his service connection claims. The case is being remanded for the AOJ to obtain missing records related to the special court-martial and complete a new determination on the character of the discharge.

The Veteran's PTSD with TBI residuals are granted a 70 percent rating effective January 17, 2015.

The Veteran's TBI residuals, including headaches, vertigo, and bilateral hearing loss, are being remanded for further evaluation. The case is also remanded to address the etiology of peripheral neuropathy in the upper extremities.

The Veteran's initial rating for migraine headaches has been granted at a maximum of 50 percent, effective March 3, 2017. Separate ratings of 10 percent and 30 percent have also been granted for TBI residuals and BPPV, respectively, both effective June 25, 2019.

The Veteran's appeal is remanded for correction of an AOJ error in satisfying a regulatory duty to accept and process the Veteran's timely and valid Higher-Level Review (HLR) requests regarding the initial rating and effective date for his TBI award.

The Veteran's appeal for a rating in excess of 40 percent for traumatic brain injury is dismissed. The Board also remanded the issue of SMC based on need for regular aid and attendance or at the housebound rate.

The Board has denied service connection for various conditions including depression, mental health disorder, TBI, alopecia, headaches, TMJ disorder, insomnia, OSA, conjunctivitis, dry eye disorder, glaucoma, PFB, rhinitis, sinusitis, deviated septum, neck disorder, right shoulder disorder, left shoulder disorder, right elbow disorder, left elbow disorder, asthma, hyperthyroid disorder, hives, anemia, DM (diabetes mellitus), heart disorder, IBS (irritable bowel syndrome), kidney stones, hiatal hernia, hemorrhoids, right hip/thigh disorder, left hip/thigh disorder, varicose veins, heel spurs, pes planus, bunions, RUE neuropathy, LUE neuropathy, right hand disorder, left hand disorder, back disorder, RLE neuropathy, LLE neuropathy, HTN (hypertension), GERD (gastroesophageal reflux disease), bladder disorder, ED (erectile dysfunction), prostate disorder, and gout.

The Board has found that the Veteran requires personal care services for a minimum of six continuous months based on his inability to perform activities of daily living and need for supervision or protection due to symptoms or residuals of neurological or other impairment. The VA will now evaluate whether participation in the PCAFC program is in the Veteran's best interest.

The Board has determined that the Veteran does not have a TBI disability and therefore, service connection for TBI is denied.

The Veteran is granted special monthly compensation (SMC) based on aid and attendance for residuals of a traumatic brain injury (TBI). The Board found that the Veteran requires regular aid and attendance due to his service-connected TBI, which would necessitate hospitalization or other residential institutional care in the absence of such aid.