Traumatic brain injury (TBI) Board decisions

The Veteran's post-concussion headaches do not meet the criteria for a compensable evaluation under DC 8100, as they do not cause characteristic prostrating attacks.,The Veteran's panic disorder without agoraphobia with TBI does not meet the criteria for a total rating under DC 9412 due to his ability to maintain work and social relationships.

Your claims for service connection have been dismissed as the Veteran's appeal is concurrent with his Higher-Level Review request.

The Veteran's claim for service connection for TBI with neurocognitive disorder (later recharacterized as unspecified schizophrenia and other psychotic disorder, TBI) is granted effective from March 24, 2020. The original claim for service connection for a psychiatric disorder was pending prior to this decision.

The Board has granted service connection for TMJ disorder and remanded the other issues due to insufficient evidence in the claims file.

The Board has determined that additional development is needed to address the Veteran's claim for service connection for obstructive sleep apnea, which he claims is secondary to his service-connected PTSD with a traumatic brain injury and allergic rhinitis and nasal fracture/traumatic deviated septum. The case is being remanded for an appropriate medical opinion.

The Veteran's appeal for a higher initial rating for residuals of a head injury (TBI) and posttraumatic headaches was denied.,A disability rating of 50 percent for posttraumatic headaches prior to June 28, 2016, was granted. The Veteran's claim for an increased rating for posttraumatic headaches after that date is still pending.

The Veteran's TDIU claim is dismissed as the effective date of August 17, 2017 has already been granted. The appeal for an earlier effective date to Dependents' Educational Assistance benefits is denied.

The Board has dismissed the appeals for earlier effective dates and other claims related to traumatic brain injury due to the Veteran's death.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the service connection claims for bilateral hearing loss, tinnitus, chronic left foot disability, chronic right foot disability, acquired psychiatric disorder (including schizoaffective disorder), chronic lumbar spine disorder, chronic cervical spine disorder, chronic left shoulder disorder, chronic left knee disorder, chronic right knee disorder, chronic left ankle disorder, and chronic right ankle disorder. The claims are being remanded for further review.

The Veteran's claims for service connection for benign paroxysmal positional vertigo, head injury and traumatic brain injury (TBI) vertigo, and headaches have been readjudicated due to new and relevant evidence. The claim for service connection for benign paroxysmal positional vertigo is being remanded.,The Veteran's claims for service connection for head injury and TBI vertigo and headaches are being remanded.

The Veteran's claims for earlier effective dates for PTSD and migraine headaches have been dismissed as the February 2021 Board decision was a purely ministerial implementation of an earlier Board decision.

The Veteran's asthma is granted as service-connected due to in-service exposure. The claim for traumatic brain injury residuals remains pending and will be remanded.

The Veteran's service connection for recurrent TBI residuals has been granted, and the Board is remanding the issue of an earlier effective date for the PTSD rating.

The Veteran's request for an extension of his delimiting date beyond October 30, 2020, was denied as the evidence did not show that he had a disability preventing him from attending school after this date.

The Board dismissed the Veteran's claim for an earlier effective date for his service-connected Traumatic Brain Injury (TBI) as a freestanding claim, finding that such claims are legally prohibited and must be denied.

The Veteran's PTSD with TBI and central vestibular disorder (claimed as dizziness) are rated at 100 percent effective August 23, 2019.

The Board has granted service connection for headaches but denied service connection for traumatic brain injury (TBI). The Veteran's headaches are found to be incurred during his service, while the evidence does not show any post-service residuals of TBI.

The Board has granted service connection for frostbite residuals of the right foot and left foot, finding that there is a current diagnosis, an in-service event (cold weather training), and a nexus between the two.

The Veteran's claim for service connection for tinnitus is granted as the evidence shows that his current condition likely began during service. However, his claims for bilateral hearing loss, traumatic brain injury, sleep apnea, and cervical degenerative disc and joint disease are denied due to lack of a current disability diagnosis.,There is no current diagnosis of bilateral hearing loss or traumatic brain injury related to service. The Veteran's claim for sleep apnea is also denied as there is insufficient evidence of a current disability. Service connection for cervical degenerative disc and joint disease (claimed as cervical strain) is not granted due to lack of a current condition.,The Veteran's tinnitus claim is supported by his credible statements about the onset and impact of the condition during service, but he does not have a confirmed diagnosis of hearing loss or traumatic brain injury. The Board finds no evidence linking these conditions to service.

The Board has determined that the severance of service connection for a TBI and headaches was improper, as there is no clear and unmistakable error in the original decision. Service connection for both conditions is restored.