Traumatic brain injury (TBI) Board decisions

The Board remands the claims for higher ratings and special monthly compensation due to duty-to-assist errors, including missing VA treatment records and failure to respond to requests for information regarding VA examiners.

The Board dismissed the Veteran's motion for revision based on clear and unmistakable error (CUE) in an April 2022 rating decision, as it was not properly raised with the AOJ first.

The Board granted service connection for traumatic brain injury (TBI) and denied a rating in excess of 10 percent for scars residual laceration of the scalp. The claim for an acquired psychiatric disorder was remanded.

The Board denied the claim for entitlement to service connection for residuals of a traumatic brain injury, as there is no current diagnosis of residuals of a TBI and the evidence does not support a finding that the Veteran has been diagnosed with such at any time during the pendency of the appeal.

The Board remands the issue of an earlier effective date for a 100 percent rating for PTSD, with residuals of a TBI, prior to November 29, 2018.

The appeal based on the Veteran's notice of disagreement was dismissed as it did not timely relate to any specific decision.

The Board dismissed the motions for revision of clear and unmistakable error in various rating decisions, including those related to service connection and ratings for multiple conditions. The claims for service connection were remanded.

The Board denied the veteran's claims for increased ratings and TDIU, finding that the evidence did not support a higher rating for his service-connected traumatic brain injury (TBI) with vertigo or pes planus, nor did it establish unemployability due to his service-connected conditions.

The Board granted service connection for tonsilitis and a left shoulder disability, but denied service connection for residuals of traumatic brain injury (TBI), right ankle, and left ankle disabilities. The claim for a higher rating for GERD was also denied.

The Board denied the claims for clear and unmistakable error in a December 12, 2002 rating decision regarding migraine headaches, an earlier effective date for TBI service connection, and an increased initial disability rating for TBI.

The Board granted service connection for traumatic brain injury (TBI) based on the Veteran's in-service head injury and continuous symptoms since service, resolving all reasonable doubt in favor of the Veteran.

The Board denied service connection for post-traumatic stress disorder (PTSD) due to the lack of a current diagnosis, and remanded other claims for further development.

The Board denied an initial compensable rating for the Veteran's service-connected traumatic brain injury (TBI) based on the evidence of record, which showed no impairment in any of the ten applicable rating facets.

The Board denied the veteran's claim for service connection for residuals of traumatic brain injury (TBI), finding that there was no evidence of a current disability and no nexus to service.

The Board denied an initial rating in excess of 20 percent for left shoulder strain and remanded the claims for service connection for a traumatic brain injury, low back disorder, right ankle disorder, and total disability rating due to individual unemployability.

The Board dismissed the veteran's appeals for service connection for traumatic brain injury, stress fracture of the right foot, bilateral flat feet, and bilateral hearing loss due to untimely Notices of Disagreement. The claim for a right knee disability was remanded.

The Board denied service connection for traumatic brain injury, hypertension, and left great toe post-traumatic residual stiffness as there was no evidence of a current disability or nexus to service.

The Board granted a rating of 70 percent for PTSD and 40 percent for lumbosacral strain, but denied service connection for hypertension.

The Veteran is granted special monthly compensation based on the regular need for aid and attendance due to his service-connected traumatic brain injury, major depressive disorder, degenerative arthritis of the thoracolumbar spine with IVDS, and degenerative arthritis of the cervical spine.

The Board denied an initial disability rating in excess of 50 percent prior to May 21, 2010, for posttraumatic stress disorder (PTSD) and major depressive disorder (MDD) with a traumatic brain injury (TBI).