Traumatic brain injury (TBI) Board decisions

The Board denied service connection for tinnitus, hypertension, traumatic brain injury (TBI), chronic joint pain, fibromyalgia, chronic fatigue syndrome (CFS), sleep apnea, and a gastrointestinal disability, claimed as gastrointestinal signs and symptoms (IBS).

The Board denied service connection for bilateral plantar fasciitis and remanded the claims for a left shoulder disability, right shoulder disability, back disability, neck disability, left upper extremity pain and paresthesia, right upper extremity pain and paresthesia, and TBI.

The Board remands the claims for service connection for facial trauma, a fractured nose, a neck disability, a right eye injury, and a traumatic brain injury to correct an error by the AOJ to satisfy its duty to assist under 38 U.S.C. § 5103A.

The Board granted readjudication of the claims for compensation benefits under 38 U.S.C. § 1151 for a neck injury, back injury, and traumatic brain injury due to new and relevant evidence being received, but denied the claims on their merits.

The Board denied a rating in excess of 70 percent for PTSD, granted a separate 10 percent rating for TBI residuals, and granted a total disability rating based on individual unemployability due to service-connected disabilities effective December 1, 2019.

The Board denied several claims for increased ratings and granted service connection for left lower extremity radiculopathy, restored a 10 percent rating for right knee instability effective May 12, 2021, and granted an effective date of June 22, 2016, but no earlier, for the award of eligibility for Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. chapter 35.

The Board granted readjudication of the claims for compensation benefits under 38 U.S.C. § 1151 for a neck injury, back injury, and traumatic brain injury due to new and relevant evidence being received, but denied the claims on their merits.

The Board denied service connection for 20 conditions including depression, anxiety, and traumatic brain injury, finding insufficient evidence of in-service incurrence or nexus. The Board remanded three conditions (back condition, left lower extremity neuropathy, and left leg condition) for further adjudication.

The Board dismissed the appeal for a rating higher than 30 percent for headaches and remanded claims for service connection for acquired psychiatric disorders, traumatic brain injury, and gastroesophageal reflux disease to correct pre-decisional duty to assist errors.

The Veteran's hearing loss does not meet the criteria for an initial compensable rating.

The Board denied service connection for right and left foot drop, granted service connection for a right shoulder strain, and denied service connection for TBI. The claim for TDIU was dismissed.

The Board denied higher ratings for migraine headaches and TBI, granted a 20 percent rating for grand mal epilepsy prior to January 23, 2024, and a 70 percent rating for TBI from April 17, 2024. It also restored the separate evaluation for TBI and granted a 100 percent rating for PTSD and schizoaffective disorder.

The Board granted service connection for traumatic brain injury and denied an initial rating in excess of 70 percent for generalized anxiety disorder with unspecified depressive disorder, somatic symptom disorder, and alcohol use disorder. The Board also denied a rating in excess of 10 percent for allergic rhinitis with deviated nasal septum.

The Board granted service connection for right arm radiculopathy and an initial 30 percent evaluation for irritable bowel syndrome (IBS), while remanding the remaining claims.

The appeal for entitlement to a rating in excess of 30 percent for migraine headaches and the appeal for a compensable rating for traumatic brain injury (TBI) were dismissed due to no justiciable case or controversy.

The appeal for service connection for TBI was withdrawn by the Veteran, and the claims for service connection for psychiatric disorder and OSA were remanded.

The Board denied the Veteran's claims for earlier effective dates for service connection for tinnitus, TBI, right and left shoulder rotator cuff tendinitis, and migraines.

The Board denied an effective date prior to May 22, 2023, for TBI and remanded the claims for a compensable rating for TBI and a disability rating in excess of 30 percent for migraine headaches.

The Board denied the veteran's claims for a rating greater than 70 percent for residuals of a TBI and a rating greater than 50 percent for post-traumatic headaches, as well as remanded the issue of entitlement to special monthly compensation based on the housebound criteria being met.

The Board dismissed the Veteran's appeal for higher ratings on all listed service-connected conditions due to a concurrent election of options, which is prohibited.