Traumatic brain injury (TBI) Board decisions

The Veteran's need for regular aid and attendance due to his service-connected residuals of TBI, combined with coexisting psychiatric conditions like PTSD and anxiety disorders, has been determined. The Board finds that the Veteran would require hospitalization or other institutional care in the absence of his wife’s aid and attendance.

The Veteran's service connection claims for right knee osteoarthritis, left knee osteoarthritis, a left forehead scar as secondary to PTSD with TBI, diabetes mellitus type II, and hypertension have all been granted. These conditions are presumed related to the Veteran's exposure to herbicide agents during his active duty in Vietnam.,The Veteran served in Vietnam from November 1967 to November 1971, where he was assigned to Marine Aircraft Group 12 (MAG-12) as an Aviation Supply Clerk. His service is presumed to be related to exposure to herbicide agents.

The Board has denied service connection for frostbite of the bilateral upper and lower extremities, finding no current diagnosis. Service connection was granted for peripheral neuropathy of the bilateral upper and lower extremities due to in-service cold exposure.

The Veteran's depression is rated at 70 percent, effective September 26, 2012. He also received a TDIU and DEA benefits based on his service-connected depression.

The Veteran's acute intermittent tension headaches are not manifested by very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability, so an initial disability rating in excess of 30 percent is denied. The evidence is in equipoise as to whether the Veteran has benign paroxysmal positional vertigo as a residual of TBI, resulting in an initial separate 10 percent disability rating for this condition effective August 15, 2018. An initial separate 70 percent disability rating for TBI based on apraxia is granted since August 15, 2018.

The Veteran's claim for a TDIU due to his service-connected PTSD with TBI residuals alone, from August 18, 2016 forward, was denied as the evidence did not show that he could secure and maintain substantially gainful employment.

The Board has reinstated the separate 70 percent ratings for PTSD and TBI, finding that the reduction was improper due to inadequate VA examinations and lack of sustained material improvement.

The Veteran's appeal for increased disability ratings for PTSD, TDIU and DEA benefits was denied. The Veteran is currently rated at 70 percent for PTSD with TBI.

The Veteran's constipation, OSA, and PTSD are granted service connection. The Veteran's TBI, GERD, and CFS claims are denied.

The Veteran's TBI residuals, including migraines and depressive disorder with anxious distress, are rated at 50 percent effective February 9, 2017. An earlier effective date of April 29, 2019, for SMC due to loss of use of a creative organ is granted.

The Veteran's appeal for an earlier effective date for the grant of a 70 percent disability rating for service-connected psychiatric disabilities has been dismissed because no notice of disagreement was filed within the required time frame.

The Veteran's tinnitus had its onset during service and the Board granted service connection for this condition. The cervical spine, head trauma (including memory loss), left eye disorder, right elbow disorder, and right hand disorder were all remanded due to a lack of adequate VA examinations and opinions.

An earlier effective date for the assignment of a 100% rating for PTSD, persistent depressive disorders with TBI is dismissed.,As of May 25, 2023, restoration of the 70% rating for TBI, separate and distinct from the 100% rating for PTSD, is granted.

The Board has remanded the case due to errors in notification and medical evaluation, as well as a need for an updated medical opinion regarding personal care services needs.

The Veteran's PTSD with TBI and right knee disabilities are not rated higher than the current assigned ratings, while other issues related to his knees have been remanded for further review.

The Veteran's appeal for service connection of a traumatic brain injury (TBI) has been dismissed due to the death of the Veteran during the pendency of the appeal.

The Veteran's service connection claims for epileptic seizures and traumatic brain injury (TBI) are granted. The Board found that the onset of both conditions occurred during service, with no pre-service issues or other causes.

The Veteran's claims for right shin splint and PTSD were dismissed due to untimely filing.,The Veteran's claim for obesity was dismissed as the issue is moot due to a grant of service connection for PTSD in May 2025.,The Veteran's claims for migraines, IBS, GERD, eczema, asthma, and chronic fatigue syndrome were all dismissed due to concurrent appeals and improper docket selection.,The Veteran's claim for insomnia was denied as there is no persuasive weight of evidence supporting a current diagnosis or relationship to service.

The Veteran's claims for service connection have been granted for bilateral pes planus, tinnitus, and sleep apnea. The claim for service connection for traumatic brain injury, bronchial asthma, and hearing loss has been withdrawn.

The Board has granted an earlier effective date of November 26, 2019 for the award of a total disability rating based on individual unemployability (TDIU) due to service-connected mental health and knee disabilities.