Traumatic brain injury (TBI) Board decisions

The Board has decided that the Veteran is not eligible for PCAFC benefits due to a lack of personal care services and supervision. The decision will be remanded to allow for further review by VA.

The Board has found that new evidence received since the April 2018 rating decision tends to prove or disprove a matter at issue in the claim of service connection for TBI, including migraine and migraine variants. The AOJ is required to readjudicate the claim taking into consideration all of the evidence of record.

The Veteran withdrew his appeal regarding the claim for service connection for Traumatic Brain Injury (TBI). The Board dismissed the appeal as a result.

The Veteran's PTSD with TBI is granted a 70 percent disability rating, effective from the date of the decision.,The Veteran's migraine headaches are granted a 50 percent disability rating, effective from the date of the decision.

The appeal of right ear hearing loss and the acquired psychiatric disorder claims are dismissed. The TBI claim is denied with an initial rating of 40 percent, post-traumatic headaches and right eye diplopia claims are also denied.

The Board has denied the Veteran's claims for service connection for various conditions, including left and right hip disabilities, heart condition, knee disabilities, residuals of heat stroke (including TBI and cognitive defect), and migraine headaches. The reasons provided include a lack of current diagnoses for these conditions.

The Veteran's service-connected disabilities, including his acquired psychiatric disorder, residuals of a traumatic brain injury (TBI), and headache disorder, prevent him from obtaining and maintaining substantially gainful employment. The Board has granted the TDIU.

The Veteran's service-connected chronic sinusitis and tension headaches are rated at the maximum allowable under VA regulations. The Veteran's TBI-related cognitive, emotional, and behavioral dysfunction with unspecified personality disorder and cannabis use disorder is also rated at the maximum allowable.

The Veteran's PTSD and TBI resulted in a 70% disability rating prior to September 15, 2025. The appeal is denied for an increased rating.

The appeal has been dismissed due to the Veteran's death. The claims for increased rating, service connection for right shoulder pathology, left shoulder pathology, and traumatic brain injury (TBI) have not progressed.

The Board has determined that the Veteran's sleep apnea is related to his service-connected mental health conditions, specifically his anxiety disorder, obsessive compulsive disorder, and depressive disorder with traumatic brain injury. As such, the claim for service connection for sleep apnea is granted.

The Veteran's residuals of TBI were characterized by moderate functional impairment, and the Board granted a 40% evaluation for these residuals effective July 9, 2019.

The Veteran's appeal for an earlier effective date for service connection was granted, and a 100% evaluation was assigned. The award of attorney fees based on past-due benefits is denied.

The Board denied service connection for various knee and foot disabilities, as well as shoulder disabilities, all of which are deemed to be unrelated to the Veteran's military service.

The Veteran withdrew his appeals on all the listed conditions before a decision was made.

The Veteran's claim for payment of non-VA care provided at Mercy Health Saint Ritas Medical Center LLC on May 14, 2021 is granted due to the timely filing and eligibility under 38 U.S.C. § 1728.

The Veteran's claim for TDIU is dismissed as moot due to the grant of a higher rating for migraine headaches.,The Veteran's claim for an increased evaluation of PTSD with alcohol use disorder is dismissed.

The Veteran's PTSD and TBI were denied increased ratings, but a separate rating of 50 percent for headaches related to TBI was granted. The Veteran also received a grant of TDIU effective August 18, 2021.

The Board has remanded the claims of service connection for a right hand disability, TBI, tinnitus, and unspecified anxiety disorder due to pre-decisional errors in obtaining complete STRs and VA examinations.

The Veteran's claim for an earlier effective date for TDIU was denied as there is no prior unadjudicated claim found in the record. The issue of TDIU was not raised until after a final rating decision on service connection for PTSD and TBI.