Traumatic brain injury (TBI) Board decisions

The Veteran's service-connected TBI with PTSD, previously rated as post-concussional syndrome with cerebellar dysfunction, is now rated at 70 percent effective July 12, 2010. A separate 30 percent rating for a peripheral vestibular disorder associated with the service-connected TBI with PTSD is also granted.

The Veteran's service connection for a TBI and its residuals, as well as his increased rating for PTSD with unspecified depressive disorder to 70%, are granted. However, his request for a total disability due to individual unemployability (TDIU) rating remains denied.

The Veteran's appeal for a TDIU due to service-connected disabilities is denied, and the issue of rating PTSD in excess of 70 percent is remanded.

The Veteran's chronic adjustment disorder with TBI is rated at 30 percent prior to February 3, 2021 and at 50 percent beginning February 3, 2021.

The Board has denied DIC benefits for the cause of the Veteran's death, finding that there is no evidence to support a relationship between his TBI, PTSD, and alcohol abuse conditions and his military service. The Board also found no causal connection between his service-connected residuals, fracture, left thumb condition and his untimely death.

The Board has granted the Veteran's appeals to reopen service connection for obstructive sleep apnea and TBI, but denied service connection for right and left ankle disorders.,Service connection was not established for any of the conditions due to lack of evidence showing a nexus to service.

The Board has denied the Veteran's claim for service connection for a traumatic brain injury due to lack of current diagnosis and insufficient evidence linking any diagnosed condition to military service.

The Board denied the Veteran's claim for service connection for residuals of head injury, to include TBI and headaches due to a lack of evidence showing that these conditions were incurred during active service or caused by an event, injury, or disease occurring in active service.

The Veteran's initial rating for TBI residuals prior to May 7, 2018 was denied as his condition did not meet the criteria for a higher than 10 percent rating.,For PTSD with residuals of TBI from May 7, 2018, the Veteran's claim is remanded due to insufficient evidence provided by the AOJ.

The Veteran's service-connected disabilities, including unspecified depressive disorder, lumbar strain with IVDS, right knee PFPS, tinnitus, and residuals of TBI, meet the threshold minimum rating requirements for a total disability rating based on individual unemployability (TDIU). The Board granted this claim as it is just as likely as not that these conditions preclude the Veteran from obtaining and maintaining substantially gainful employment.

The Veteran's asthma, TMJ dysfunction, right knee patellofemoral pain syndrome, and residuals of traumatic brain injury are all granted on a presumptive basis due to exposure to particulate matter during service in Southwest Asia.

The Board denied a rating in excess of 40 percent for diabetes mellitus and denied service connection for traumatic brain injury. The Veteran's diabetes was not found to have caused his TBI, as the evidence did not show hypoglycemic episodes resulting from his diabetes at the time of the accident.

The Board has granted service connection for post-traumatic stress disorder, depression, and traumatic brain injury all related to an in-service personal assault.

The Veteran's PTSD, TBI, and headaches have been granted increased ratings to 50 percent each. The highest schedular rating available for these conditions is 50 percent.

The Veteran's claims for increased ratings for TBI, seizure disorder, and PTSD are being remanded due to the need for additional development of his medical records.

The Board denied service connection for TBI due to the appellant's discharge from active duty under other than honorable conditions, as his character of discharge is a bar to compensation.

The Veteran's claims for compensation under 38 U.S.C. § 1151 are remanded due to the need for additional medical opinions regarding whether his acquired psychiatric disorder, TBI, gastrointestinal disability, right shoulder disability, left shoulder disability, bilateral lower extremity disability, and back disability were caused or aggravated by VA care.

The Veteran's service-connected disabilities did not render him unable to obtain and maintain substantially gainful employment consistent with his educational and occupational background.

The Veteran's TBI residuals include mild impairment of memory, attention, concentration, or executive functions resulting in mild functional impairment. The Veteran also has service-connected PTSD which prevented him from obtaining and maintaining employment consistent with his occupational experience prior to September 18, 2012.

The Board denied the Veteran's claims of service connection for tuberculosis, residuals of a traumatic brain injury (TBI), and low back disability due to lack of evidence linking these conditions to his military service.