Traumatic brain injury (TBI) Board decisions

The reduction in the disability rating for PTSD with TBI from 70% to 30% effective September 1, 2021 was proper and the appeal requesting restoration of the rating is denied.

The Board has determined that a VA examination is needed to determine if the Veteran's spouse requires regular aid and attendance due to her disabilities, as she cannot perform daily living activities without assistance.

The Board has granted service connection for the Veteran's TBI residuals, finding that there is at least an even balance of evidence to support this determination and resolving reasonable doubt in favor of the Veteran.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's claimed traumatic brain injury (TBI) and its relationship to service. The Veteran was exposed to explosions during deployment, but a VA examination is needed to determine if he has a current TBI diagnosis and whether it is related to his service.

The Veteran's service-connected disabilities prevent him from caring for himself and protecting himself, requiring regular aid and attendance. The Board has granted special monthly compensation based on the need for aid and attendance.

The Veteran's unspecified depressive disorder with TBI, headaches and dizziness is granted a 70 percent rating prior to March 1, 2021. The cervical spine condition is denied any increase in rating prior to June 23, 2021.

The Board has granted service connection for Irritable Bowel Syndrome (IBS) and remanded the remaining issues due to insufficient evidence.

The Board has remanded the case due to a duty to assist error and for additional medical opinions regarding the Veteran's service connection claim for TBI, including headaches.

The Veteran's claims for service connection for sleep apnea, chronic fatigue syndrome, and TBI have been denied. The claim for sleep apnea is being remanded due to the need for new evidence. The claim for chronic fatigue syndrome is denied as there is no valid diagnosis of the condition. The claim for TBI is also denied.

The Board has remanded the case due to a failure to provide a VA examination and assist in developing the claim for residuals of a TBI. The Veteran is seeking service connection for this condition, which he claims was incurred during an explosion in October 1983.

The Veteran's appeals for service connection on multiple conditions have been dismissed due to errors in the Appeals Modernization Act system. The Board has remanded several issues for further action.

The Veteran's death was not caused by a service-connected disability, but the Board has decided to remand the case for further research into potential herbicide exposure during his naval service.

The Veteran's sickle cell trait is not service-connected as it is a congenital defect without additional superimposed disease or injury.,There is no evidence of residuals of a traumatic brain injury related to service, and the Veteran does not have a current diagnosis of such condition.,The Veteran does not have a current diagnosis of a cervical spine disability. The STRs are silent for any injuries sustained as a result of a hatch falling on his head or any diagnoses related to a TBI or cervical spine disability.,There is no evidence of a left shoulder disability, right elbow disability, or right knee disability during service or post-service. The Veteran does not have current diagnoses of these conditions.,The Veteran's STRs and post-service treatment records are silent for complaints or diagnoses related to bilateral shoulder pain or strain, bilateral elbow pain or strain, or right knee pain or strain.,There is no evidence of a right knee disability during service or post-service. The Veteran does not have current diagnosis of this condition.

The Veteran's migraine headaches are rated at 50 percent effective September 8, 2020.,TDIU and DEA eligibility is granted as of March 28, 2019.

The Veteran's PTSD with amnesic disorder secondary to TBI is granted a 100 percent evaluation from December 26, 2017. An earlier effective date for left shoulder strain is granted from August 1, 2017.

The Board denied the Veteran's claim for an increased level of special monthly compensation (SMC) based on a need for higher level of aid and attendance due to service-connected TBI/PTSD. The evidence did not show that the Veteran required nursing home care, hospitalization or other residential institutional care as a result of his service-connected residuals of TBI.

The Board has determined that there was a pre-decisional duty to assist error for not obtaining a VA examination and medical opinion regarding the Veteran's right ankle condition and traumatic brain injury. The case is therefore REMANDED for further action.

The Veteran's PTSD is rated at 50 percent, TBI residuals are rated at 10 percent, and left ulnar nerve damage is rated at 30 percent. The appeal for a higher rating for PTSD was denied.

The Veteran's claim for a disability rating in excess of 100 percent for Major Depressive Disorder (MDD) with residuals of Traumatic Brain Injury (TBI) has been denied.,The Veteran's claim for a separate disability rating for Traumatic Brain Injury (TBI) has also been denied.

The Board has granted an earlier effective date of September 14, 2012 for the grant of a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities.