Traumatic brain injury (TBI) Board decisions

The Board denied the Veteran's claims for an initial compensable disability rating for TBI, a total disability rating based on individual unemployability (TDIU) for the period prior to September 25, 2015, and special monthly compensation (SMC) based on the need of regular aid and attendance.

The Board remands the claims for service connection for cervical spine condition, right knee arthritis, left knee arthritis, sleep apnea, and residuals of a traumatic brain injury (TBI) for further development.

The veteran withdrew the appeal for all conditions, and the Board has no jurisdiction to review it.

The Board denied increased disability ratings for PTSD, IBS, and asthma, as well as earlier effective dates for these conditions. The Board also denied service connection for degenerative joint disease of the left shoulder with an earlier effective date.

The Board denied service connection for all claimed conditions as the evidence of record does not support a finding that any of these disabilities are related to the Veteran's active military service.

The Board denied an increased disability rating in excess of 70 percent for PTSD with TBI, as the Veteran's symptoms more closely approximated occupational and social impairment, with deficiencies in most areas.

The Board denied the Veteran's appeal for an earlier effective date than July 26, 2017, for a 100 percent rating for service-connected residuals of a TBI.

The Board granted an initial rating of 40 percent for residuals of a traumatic brain injury (TBI), effective September 22, 2010, and denied an initial rating in excess of 30 percent for service-connected migraine headaches.

The Board remands the claims for service connection for various disabilities to allow VA to obtain additional evidence, including private treatment records and line of duty determinations.

The Veteran was granted a 60 percent evaluation for his service-connected interstitial lung disease from February 1, 2020, to November 24, 2020, but the claim for an evaluation higher than 100 percent after that date was denied. The claim for a higher rating for traumatic brain injury was also denied.

The Veteran's claim for an increased rating of 50 percent for migraine headaches was granted, while other claims were withdrawn or remanded.

The Board denied the Veteran's claim of clear and unmistakable error (CUE) in a prior denial of service connection for traumatic brain injury (TBI), as there was no evidence that the correct facts were not before the adjudicator or that the statutory or regulatory provisions extant at the time were incorrectly applied.

The Board remands the claims for service connection for benign paroxysmal positional vertigo (BPPV), migraine headaches, and traumatic brain injury (TBI) to correct a duty to assist error that occurred prior to the rating decision on appeal.

The Board denied service connection for multiple conditions, including TBI, migraine headache disorder, bilateral shoulder disorder, and others, as the evidence did not support a finding of current disability or nexus to service.

The Board granted readjudication of the claims for service connection for migraine headaches, traumatic brain injury (TBI), posttraumatic stress disorder (PTSD), major depressive disorder, recurrent, with mood congruent psychotic features and anxious distress, bilateral hearing loss, and tinnitus. The claim for left ear hearing loss was denied.

The Board granted service connection for a low back disability but denied service connection for residuals of a traumatic brain injury and a right eye disability.

The Board denied the Veteran's appeal for a rating in excess of 10 percent for tinnitus and remanded claims for increased ratings for PTSD with alcohol use disorder in remission and traumatic brain injury, as well as service connection for sleep apnea.

The Board denied the veteran's claims for increased ratings, finding that the evidence did not support a higher rating for any of the conditions on appeal.

The Board denied the Veteran's claims for a higher rating for his service-connected residuals of traumatic brain injury and special monthly compensation based on housebound status, as there was no evidence to support an increased rating or entitlement to SMC prior to January 16, 2019.

The Board granted service connection for residuals of frostbite based on the Veteran's credible testimony and a positive medical opinion.