Traumatic brain injury (TBI) Board decisions

The Veteran's TBI claim is granted with an effective date of September 8, 2006.,Her hepatitis C rating prior to July 6, 2010 remains denied. From July 6, 2010 onwards, her rating for hepatitis C is also denied.,Both the TBI and hepatitis C claims are remanded for further review.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the etiology of any right arm neurological disability associated with his service-connected Dupuytren's nodule.

The Veteran's service-connected post-traumatic headaches were denied a rating in excess of 10 percent prior to May 15, 2023 and from May 15, 2023 onwards.,The Veteran's service-connected PTSD with TBI was granted an initial disability rating of 50 percent prior to July 29, 2023 but denied a higher rating thereafter.

The Veteran's appeal is remanded due to insufficient evidence regarding the nature and severity of his service-connected TBI, as well as potential overlap between his TBI, PTSD, and dementia.

The Board has remanded the Veteran's claims for meningitis, tendinitis of bilateral wrists, TBI, and migraine headaches due to a duty-to-assist error in obtaining his service treatment records.

The Veteran's claim for a higher rating for his service-connected unspecified trauma-stressor related disorder with traumatic brain injury was denied. The Board found that the evidence did not meet the criteria for a higher rating, and thus denied the claim. Service connection for bilateral hearing loss was remanded.

The Veteran's claims for service connection for abnormal gait, vertigo, TBI residuals, right knee disorder, and tension headaches have all been denied. The Board found that the evidence did not support a finding of current disabilities or a link to service.,Specifically, the Board determined that an abnormal gait is not a compensable disability, vertigo was not diagnosed, there were no TBI residuals, the right knee disorder did not arise in service, and tension headaches were due to allergic rhinitis.

The Veteran withdrew his appeals for all issues related to PTSD, left knee injury, diabetes, bilateral cataracts, hearing loss, COPD, pneumonia, skin condition, and TBI. The appeal is dismissed without prejudice.

The Veteran's service connection claim for the residuals of a traumatic brain injury (TBI) is granted as his symptoms are related to an in-service head trauma.

The Board has granted the appeal regarding the timeliness of the substantive appeal to the June 2015 rating decision finding the Veteran sane at the time of service separation. The issue of the Veteran's sanity at the time of service will be addressed in a separate Board Legacy decision.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the claim for service connection for a right great toe disability. The issues of service connection for lower back disability, peripheral neuropathy of the left lower extremity, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left upper extremity, peripheral neuropathy of the right upper extremity, asbestosis, gastroesophageal reflux disease (GERD), and traumatic brain injury (TBI) are also being remanded for further development.

The Veteran's need for regular assistance of another person with very basic necessities of his daily living has been established, leading to the grant of special monthly compensation based on aid and attendance.

The Board has determined that there is sufficient new and relevant evidence to readjudicate the claims for service connection for left wrist CTS, TBI, right middle cerebral artery aneurysm, status post clipping, CVA, left spastic hemiparesis, left arm spasms, headaches, and incontinence. The claims are being remanded due to the need for further development.

The Veteran's TBI resulted in neurobehavioral symptoms that interfered with workplace and social interaction, warranting a 70% disability rating from September 27, 2017 to May 4, 2021.,For the entire appeal period, the Veteran is granted a separate 30% disability rating for vertigo.

The Board dismissed the Veteran's claims of service connection for residuals of frostbite, hypertension, obstructive sleep apnea, and restless leg syndrome due to a lack of proper claimant status.

The Veteran's claims for bilateral hearing loss, TBI, left ankle disability, and PTSD have all been denied as there is no persuasive evidence of current disabilities or a causal relationship to service.,Service connection has not been established for any of the conditions listed.

The Board has granted the Veteran's request to reopen his claim for service connection for seizures and remanded the issues of service connection for TBI and an acquired psychiatric disorder. The claims are inextricably intertwined with the seizure claim.

The Veteran's increased rating claims for vertigo, brain hemorrhage with residual headache associated with TBI, and residuals of TBI have been denied. The Board found that the evidence did not support a higher than 10 percent rating for any condition.,Specifically, the Board determined that the Veteran’s symptoms were more consistent with occasional dizziness rather than staggering or other forms of impairment.

The Veteran's claims for service connection for TBI and anxiety to include depressive disorder were granted, but the effective dates are set at March 19, 2012. The appeal is denied as there is no evidence of an earlier effective date prior to this date.

The Veteran's major depressive disorder with TBI was granted a 70 percent evaluation prior to December 27, 2019. However, an evaluation in excess of 70 percent for this condition since that date is denied.