Traumatic brain injury (TBI) Board decisions

The Board has granted service connection for tinnitus, residuals of a head injury (TBI), migraine headaches, and major depressive disorder. The conditions are found to have had their onset in service or are proximately due to the service-connected disabilities.

The Board has remanded the issue of whether the Veteran is entitled to a TDIU prior to August 26, 2016 due to service-connected disabilities. The Veteran meets the schedular criteria for entitlement to a TDIU during this period.

The Veteran's TBI has been rated at a 70 percent disability rating from October 13, 2021. The claim for a compensable rating prior to September 14, 2020 was denied.

The Veteran's service-connected disabilities, including low back and neck conditions, major depressive disorder, traumatic brain injury, and right foot hallux valgus with degenerative arthritis, have prevented him from securing or following substantially gainful employment since September 2016.

The Veteran's appeals for increased ratings and an earlier effective date have been remanded due to the need for additional development, including issuance of a Statement of the Case (SOC) and VA examinations.

The Veteran's TBI and occipital headaches are being remanded for further evaluation as the current opinions from VA examiners do not align with the Veteran's reported symptoms.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance of another person is denied as he failed to report for a necessary examination, which was required due to his service-connected PTSD and non-service-connected TBI.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and a need for further examination. The issues include headaches, PTSD, brain aneurysm, TBI, balance disability, sleep apnea, bilateral hearing loss, dental disability, cervical spine disability, thoracolumbar spine disability, right wrist disability, left wrist disability, right thumb disability, left thumb disability, right knee disability, and left knee disability.

The Veteran's TBI and acquired psychiatric disorder are granted service connection. The cervical spine, lumbar spine, left ankle, and right ankle disorders are remanded for further examination.

The Veteran's claims for compensable evaluation of injury to the left ring finger, initial evaluation in excess of 30 percent for chronic post-traumatic headaches, migrainous phenotype, an initial evaluation in excess of 10 percent for residuals of a TBI, and an evaluation in excess of 20 percent for a left shoulder rotator cuff tear have all been dismissed.

The Board has denied the Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) as there is no probative evidence of current TBI residuals.

The Board has remanded the claims for additional development due to missing service medical records, specifically separation examination reports. The Veteran's lay testimony and current symptoms are also considered.

The Veteran's claims for service connection and increased ratings were denied. The Board found no current disability of the feet, and the claim was denied on the basis that there is no evidence of a chronic foot condition during service or since. For his anxiety disorder with TBI, the Board determined that the General Rating Formula for Mental Disorders (DC 9413) should be used, resulting in a 50% rating.

The Veteran's service-connected disabilities, including major depressive disorder (with TBI), chronic sinusitis, bilateral tinnitus, and allergic rhinitis, have rendered him unable to secure or maintain a substantially gainful occupation.

The Veteran's residuals of TBI did not produce functional impairment warranting a compensable evaluation over the entire period of appeal, resulting in a denial of an initial compensable rating.

Service connection for a cognitive disorder (post-concussive syndrome) is denied as the current condition is not causally related to service.,Service connection for TBI and its residuals are granted as they are caused by post-service motorcycle accidents, rather than in-service events.

The Veteran's TBI residuals are rated at 10 percent, the highest rating available under Diagnostic Code 8045. The Board found that a higher rating is not warranted as there were no findings consistent with a higher rating.

The Veteran's service-connected residuals of traumatic brain injury render him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to TDIU. The issue of an increased rating for his service-connected residuals of traumatic brain injury is remanded.

The Veteran's claim for an increased rating of TBI was denied. The earlier effective date for the 30 percent rating for migraines is granted, and service connection for a psychiatric condition secondary to TBI is granted. However, the claim for an earlier effective date for tinnitus remains pending.

The Veteran's claims for service connection for PTSD, bilateral knee disorder, right ankle disorder, left ankle disorder, and TBI have been granted.,Service connection for hepatitis C has been denied.