Traumatic brain injury (TBI) Board decisions

The Veteran's claims for service connection for TBI, migraine headaches, and a higher rating for his depressive disorder were all granted effective April 4, 2014. The claim for an earlier effective date for the 70 percent evaluation of his depressive disorder was denied.

The Veteran's major depressive disorder with anxious distress is related to her active service, and the resulting physical disabilities are also considered secondary to this condition.,The Veteran has been granted service connection for loss of use of the left eye, optic neuropathy of the left eye, right mandible disorder, and TBI as these conditions are found to be proximately due to her major depressive disorder with anxious distress.

The Board has denied the Veteran's claims for service connection for right ear hearing loss and TBI, finding that there is no current disability in either condition to support a grant of service connection.

The Veteran's service-connected TBI residuals, including headaches and cognitive impairment, are rated at a maximum of 70 percent since September 23, 2021.

The Veteran's TBI was granted a disability evaluation of 40 percent effective from January 29, 2015 to June 5, 2018. The RO is directed to obtain updated medical records and schedule the Veteran for examinations to determine current severity of his bilateral hearing loss and diabetes mellitus type II.

The Board has decided that the VA's initial rating decision for PTSD and TBI disabilities should be reconsidered due to new evidence received after the April 2017 SOC.

The Veteran's service connection claim for an upper back/neck disability is denied. The Veteran's TBI residuals are granted at a 10 percent rating, and his migraines associated with TBI are granted at a 50 percent rating.

The Veteran's left arm fracture is granted a 10% rating. Service connection for TBI, headache disorder, left great toe sprain, and right wrist disorder are all granted. The appeal of service connection for diabetes mellitus was withdrawn.

The Veteran's appeals for GERD, TBI, peripheral vestibular disorder, and dermatographic urticaria were dismissed. Service connection was granted for right leg amputation and residuals of a mandible fracture as secondary to service-connected PTSD with major depressive disorder.

The Veteran's claim for TDIU prior to December 18, 2015 is remanded due to the need for further development and examination. The AOJ must verify the date of last full-time employment and schedule a VA examination to assess functional impairment from service-connected disabilities.

The Veteran's tinnitus is granted service connection. The claims for back disability, TBI residuals, and acquired psychiatric disorder are remanded due to new evidence received.

The Veteran's claims for asthma, traumatic brain injury (TBI), and headaches are being remanded due to the addition of new VA treatment records to his case file.

The Veteran's separate 10 percent rating for TBI residuals was restored effective April 30, 2022. The restoration is subject to the regulations governing the payment of monetary award.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as her combined disability rating is at least 70 percent, but she cannot secure or follow a substantially gainful occupation due to her PTSD and other service-connected conditions.

The Veteran's TBI residuals, other than headaches and tinnitus, have been rated at a 40 percent disability rating throughout the claim period.

The Board has determined that the VA examination conducted in February 2017 was inadequate for adjudicative purposes and remanded the case to obtain a new examination by an appropriate specialist. The Veteran's TBI claim is now pending again.

The Board denied service connection for Traumatic Brain Injury, Headache Disability (claimed as secondary to TBI), and Acquired Psychiatric Disability (claimed as secondary to TBI) due to the Veteran's pre-existing condition that clearly and unmistakably existed prior to his military service.

The Board has dismissed the appeals for increased disability ratings and service connection due to withdrawal by the Veteran. The claims for increased ratings of a right shoulder condition and depressive disorder are being remanded.

The Board has remanded the case for further development, including scheduling a VA examination to determine the nature and etiology of any residuals of TBI. The Veteran's claims for service connection and SMC based on need for aid and attendance are inextricably intertwined.

The Board has remanded several issues for further development, including service connection for sleep apnea and TBI, increased ratings for PTSD, and a rating in excess of 20 percent for cervical and thoracolumbar disabilities. The Veteran's claims are being returned to the AOJ for additional consideration.