Traumatic brain injury (TBI) Board decisions

The Board has revised its decision to grant service connection for residuals of a traumatic brain injury (TBI) due to a clear and unmistakable error in the date of an in-service incident that was incorrectly determined to have occurred after discharge.

The Veteran's PTSD was granted an initial 70 percent disability rating, effective from the date of the decision. The TBI residuals were also rated as noncompensable until January 10, 2017, when they were upgraded to a compensable rating.

The Board has dismissed the claims of service connection for a low back disability and traumatic brain injury as they have been fully granted in the December 2019 and October 2020 rating decisions.

The Board has remanded the case due to conflicting evidence regarding an in-service head injury and the Veteran's current symptoms. The Veteran is not entitled to service connection for chronic residuals of a TBI, as there is no credible evidence linking his current headaches to service.

The Board has decided to remand the case for a TBI examination and further development due to an incorrect examination report.

The Veteran's headaches associated with his service-connected TBI were granted a 50 percent disability rating, effective May 17, 2010. A 10 percent disability rating for the TBI was also granted, effective May 17, 2010. The claim for a rating in excess of 40 percent for TBI from January 13, 2021 is denied.

The Board has remanded the case due to the need for additional development regarding the Veteran's claim for special monthly compensation based on the need of aid and attendance. The Veteran needs assistance with various daily activities, including bathing and meal preparation, due to her service-connected lumbar spine disability and other conditions.

The Veteran's appeal for increased evaluations of traumatic brain injury was dismissed as he withdrew his appeal in April 2021.

The Veteran is granted a rating of 50 percent for his posttraumatic headache disability, effective from the entire appeal period. The initial compensable rating for TBI remains denied.

The Veteran's PTSD with TBI has been granted a 70 percent disability rating, effective from March 13, 2015. The right hip issues remain under review.

The Veteran's service-connected disabilities, including adjustment disorder with mixed anxiety and depressed mood, acne with residual scarring, sleep apnea, tension headaches, left shoulder rotator cuff tendonitis, left knee degenerative joint disease, right shoulder tendinitis, lumbosacral spine degenerative arthritis, chronic right ankle strain, bilateral pes planus, right great toe injury, hypertension, left and right knee instability, and traumatic brain injury, have rendered him unable to maintain substantially gainful employment since June 11, 2012.

The Veteran's major depressive disorder and associated TBI are currently rated at 50 percent, effective December 19, 2016. The Board finds that the evidence does not support a higher rating prior to this date.

The Veteran's migraine headaches associated with TBI are rated at 50 percent since November 8, 2018. The Veteran is granted a separate increased disability rating of 30 percent prior to that date and granted TDIU.

The Board has remanded the cases for further development due to inadequate examination reports and the need for addendum opinions.

The Board has decided that a VA examination is needed to determine if the Veteran's TBI was caused or aggravated by his military service. The case is being sent back for further review.

The Board has remanded the case due to an inadequate examination in February 2017, and a new examination is needed to assess the current severity of the Veteran's service-connected TBI.

The Board has remanded the case for further examination to determine if the Veteran currently has a diagnosis of TBI and its etiology.

The Board has found that the Veteran does not have residuals of a broken right leg other than his already service-connected status-post surgical ORIF/osteocentesis of the right knee with post-surgical complications and residuals and right hip joint replacement.,The Veteran's left hip condition is remanded for further examination to determine if there are any current diagnoses or functional impairment.

The Veteran's left eye blindness and TBI are being remanded for further evaluation as his symptoms have reportedly worsened since the last VA examinations in 2017.