Traumatic brain injury (TBI) decisions — 2026

The Veteran's application for special monthly compensation at the (r)(1) rate was denied as he did not meet the criteria for this level of SMC based on his service-connected disabilities and need for regular aid and attendance.

The reduction in the ratings for first-degree frostbite with degenerative arthritis of the right hand and left hand from 30% to 20% was not proper, and the original 30% ratings are reinstated. The Veteran is granted entitlement to Total Disability due to Individual Unemployability (TDIU).

The Veteran's TDIU and Dependents' Educational Assistance claims were granted effective August 17, 2023. The Housebound status claim was also granted with an effective date of July 6, 2022.

The Veteran's persistent depressive disorder, with anxious distress, with pure dysthymia syndrome, moderate and traumatic brain injury with dizziness/vertigo are rated at 50 percent.,The Veteran's TBI residuals do not warrant a separate rating.

The Board denied the Veteran's claim for service connection for residuals of traumatic brain injury, finding that his symptoms were adequately contemplated by his existing service-connected conditions (sleep apnea and major depressive disorder with psychotic features, somatic symptom disorder, and functional neurological symptom disorder).

The Veteran withdrew his appeals for migraine headaches, TBI, and vertigo. The Board dismissed the appeal as it was withdrawn by the Veteran.

The Board has remanded the Veteran's claims for service connection due to issues with his character of discharge from service and other related conditions. The AOJ is instructed to complete a new determination regarding the character of discharge issue, which could impact the service connection claims.

The Veteran's claim for SMC based on aid and attendance at a higher rate is being remanded due to the need for additional medical examination. The effective date of the grant remains August 27, 2024.

The Board has dismissed the appeals for service connection of infections and breathing issues, left shoulder condition, middle back strain, traumatic brain injury, left lower extremity radiculopathy, right lower extremity radiculopathy, and right knee strain as these claims have been granted in full. The appeal for service connection of vertigo is being remanded.

The Board has granted service connection for frostbite injuries to both feet, generalized anxiety disorder, and pain of the left ankle. The right sciatic radicular pain is denied.

The Veteran's claim for an earlier effective date of service connection for PTSD, TBI, and related conditions is dismissed. The Veteran is granted separate ratings for tinnitus (10%) and vertigo (30%) as residuals of TBI, both effective January 21, 2022.

The Veteran's post-concussive headaches have been rated at the maximum schedular rating of 50 percent throughout the appeal period.

The Veteran's claim for SMC based on the need for aid and attendance is granted, effective February 13, 2013. The evidence shows he requires assistance due to his service-connected conditions.

The appeal for an increased evaluation in excess of 70 percent for service-connected PTSD, bipolar I disorder, alcohol use disorder, and traumatic brain injury with vertigo, diplopia, and convergence insufficiency is dismissed due to a procedural defect.

The Board denied service connection for traumatic brain injury as there is no persuasive evidence of an in-service injury or disease related to the condition.

The Veteran withdrew his appeal for special monthly compensation based on the need for regular aid and attendance, which was dismissed. The other service connection claims remain pending.

The Board has granted earlier effective dates of October 22, 2010 for service connection of Traumatic Brain Injury and its associated headaches. Service connection for Posttraumatic Stress Disorder was denied as not meeting the criteria for an earlier effective date.

The Veteran's service-connected right and left hand frostbite injuries have prevented him from securing or following substantially gainful employment since January 21, 2010.

The Board has granted service connection for residuals from a traumatic brain injury (TBI), to include organic brain damage and post-concussive disorder, but remanded the issue of service connection for left knee disability.

The Veteran's PTSD with persistent depressive disorder, generalized anxiety disorder, TBI, and Meniere's syndrome is rated at 70 percent effective January 14, 2019. The appeal for an earlier effective date was denied. The claim for a total disability rating based on individual unemployability (TDIU) was also denied. The reduction of VA compensation due to felony incarceration was found proper.