Traumatic brain injury (TBI) Board decisions

The Board denied a rating in excess of 70 percent for PTSD and TBI, denied a rating in excess of 50 percent for migraine headaches, granted an effective date of May 11, 2022, but no earlier, for the award of a 50 percent rating for migraine headaches, and granted individual unemployability due to service-connected disabilities.

The Board granted an initial 70 percent rating for PTSD and TBI, effective December 15, 2021.

The Board denied a rating in excess of 50 percent for adjustment disorder with traumatic brain injury and remanded claims for service connection for back, right foot, and neck disorders.

The Board denied an increased rating in excess of 50 percent for posttraumatic stress disorder (PTSD) with traumatic brain injury (TBI).

The Board denied an earlier effective date for service connection for traumatic brain injury (TBI) as the Veteran's claim was filed on June 10, 2021, and there is no earlier ascertainable date for his residuals of TBI.

The Board remands the claim for service connection for traumatic brain injury (TBI) due to a pre-decisional duty to assist error, as treatment records from a VA hospital in Memphis, TN during July 1984 have not been obtained.

The Board granted an effective date of September 16, 2016 for service connection for migraine headaches and traumatic brain injury (TBI), but denied an earlier effective date for adjustment disorder with mixed anxiety and depressed mood. The appeals for higher ratings were dismissed.

The Board granted an effective date of November 9, 2009 for the award of service connection for traumatic brain injury (TBI), but no earlier.

The Board denied the veteran's claims for increased ratings and earlier effective dates for various service-connected conditions, including frostbite residuals of the upper and lower extremities, left hip strain, tinnitus, depressive and alcohol use disorders, radiculopathy, anosmia, right upper eyelid scar, cervical spine disability, and lumbosacral strain.

The appeal for service connection for allergic rhinitis and irritable bowel syndrome was dismissed based on the Veteran's explicit withdrawal of the claims. The claim for service connection for traumatic brain injury (TBI) was denied due to a lack of evidence linking TBI to active duty service.

The Board denied service connection for emphysema, an acquired psychiatric disorder, a compensable rating for migraine headaches, and higher ratings for TBI, lumbar spine, and cervical spine disabilities.

The Board denied the veteran's appeal for a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) with depressive disorder, insomnia disorder and residuals of traumatic brain injury (TBI), including subjective symptoms of nausea and dizziness.

The Board denied service connection for a traumatic brain injury and bilateral hearing loss, as the evidence did not support a finding that these conditions were related to the Veteran's active military service.

The Board granted restoration of the TBI rating to 40% and the headache disability rating to 30%, effective December 1, 2023, as well as special monthly compensation based on housebound criteria.

The Board denied an earlier effective date for the evaluation of PTSD and TBI with dizziness and hyposmia, as well as for the award of service connection for post concussive headaches.

The Board remands the claims for higher initial ratings for service-connected psychiatric disability and headaches due to pre-decisional failure of the duty to assist based on inadequate evidentiary development and examinations.

The Board granted service connection for tinnitus and a separate 30 percent rating for benign paroxysmal positional vertigo (BPPV) as a residual of the service-connected TBI, but denied initial compensable ratings for both the TBI residuals and migraine.

The Board granted service connection for residuals of a traumatic brain injury, finding that the evidence was in approximate balance as to whether the TBI had its onset during service.

The appeal has been withdrawn by the Veteran's authorized representative and is dismissed.

The Board remands the claim for service connection for residuals of a traumatic brain injury, including a concussion and hypoplastic right maxillary sinus, as there was inadequate compliance with previous remand instructions.