Traumatic brain injury (TBI) Board decisions

The Board has remanded several rating reduction and severance decisions related to the Veteran's service-connected conditions, including TBI, PTDS, headache disability, and right eye disability. The issues include propriety of severing service connection for seizure disorder, reducing ratings, and discontinuing benefits.

The Veteran's initial claim for a compensable rating for migraine headaches prior to July 15, 2021 was granted. For the period from July 15, 2021 onwards, his TBI and PTSD were rated at 30 percent each.

The Veteran's TBI with unspecified anxiety disorder and depression is currently rated at 70 percent, effective October 18, 2012. The Board has determined that the current rating of 70 percent is the highest evaluation available for this condition.

The Veteran's appeals for service connection and higher ratings were dismissed due to procedural defects, specifically failing to timely file a VA Form 10182.

The Veteran's claim for bilateral hearing loss was denied as there is no evidence of a current disability.,The Veteran's acquired psychiatric disorder, including schizophrenia with memory loss, anxiety, and depression, was granted service connection based on continuity of symptomatology since service. The VA examiner linked the onset to his in-service experiences.,The Veteran's claim for TBI/Residuals of TBI was denied as there is no evidence of a current diagnosis or residuals associated with such.

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not related to his service-connected mental health conditions, and grants service connection for this condition.

The Veteran's claim for service connection for fibrosis, gastroesophageal reflux disease (GERD), shin splints, and bilateral shoulder disability is denied. The Veteran's claim for service connection for migraine headaches is granted.,Service connection cannot be established for a bilateral shoulder disability as there is no evidence of such condition during or within one year following active service.

The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development, including obtaining private medical records and scheduling a VA examination.

The Veteran's appeal is remanded for further development on several issues, including service connection claims and increased rating claims. The initial compensable ratings for bilateral hearing loss and left knee disability are denied.

The Board has granted service connection for lumbosacral strain and traumatic brain injury, finding that these conditions are more likely caused by the Veteran's military service.

The Veteran's appeal is remanded due to the failure to obtain relevant mental health counseling records from the Madison Vet Center and a private psychologist. The claim will be reconsidered with these additional records.

The Board has determined that the Veteran does not have a current diagnosis of Traumatic Brain Injury, and therefore, service connection for this condition is denied.

The Board has determined that the reduction of the Veteran's TBI rating from 100% to 70%, and combining it with his PTSD, was improper. The 100% rating for TBI is restored as of December 1, 2021.

The Board has waived the untimeliness of the March 2020 substantive appeal and granted service connection for frostbite of the bilateral hands, feet, and hearing loss. The right foot disability claim is pending.

The Veteran's depressive disorder with TBI is rated at 70 percent since September 23, 2013. The effective date for this rating remains pending as it was not specified in the decision.

The Veteran's PTSD and related disabilities have been granted effective from December 15, 2016. SMC-L is granted based on the need for aid and attendance due to service-connected conditions. The Veteran also qualifies for five half steps of SMC-P under specific criteria. No higher level of SMC is warranted.

The Board has determined that the Veteran's diagnosed Traumatic Brain Injury (TBI) is at least as likely as not related to an in-service blast injury, and therefore grants service connection for TBI.

The Veteran's TBI, OSA, and diabetes mellitus, type II have been granted service connection.,Service connection for these conditions is established based on direct evidence of their onset during active duty.

The Veteran's service connection claims for left shoulder disability, right elbow disability, migraines, and residuals of TBI are granted. However, the Veteran's claim for increased rating for residuals of TBI is remanded due to insufficient detail in the VA examination.

The Board has granted the Veteran's request for a waiver of overpayment debt in the amount of $15,310.52 due to no fault on his part and against equity and good conscience.