Traumatic brain injury (TBI) Board decisions

The Board denied a higher rating for PTSD but granted separate ratings of 70 percent for residuals of TBI and 10 percent for tinnitus associated with TBI, effective from February 3, 2014, and May 2023 respectively. The claim for an initial rating higher than 10 percent for psychomotor epilepsy was also denied.

The Board denied the Veteran's appeal for an evaluation in excess of 10 percent for traumatic brain injury (TBI) with peripheral vestibular disorder and memory loss, as the severity of cognitive impairment did not meet the criteria for a higher rating.

The Board granted restoration of the 70% disability rating for PTSD with TBI and also granted a total disability rating based upon individual unemployability (TDIU).

The Board dismissed the appeals for service connection of various conditions as they were premature, and denied service connection for diabetes mellitus, type II and a migraine headache disability.

The Board granted an increased rating of 50 percent for headaches, status post traumatic brain injury, as the Veteran's symptoms are productive of severe economic inadaptability.

The Board granted service connection for traumatic brain injury, headaches (including migraine-like features), and psychiatric residuals of a traumatic brain injury.

The Board granted special monthly compensation (SMC) based on the need for aid and attendance due to service-connected residuals of a traumatic brain injury.

The Board granted service connection for generalized anxiety disorder, traumatic brain injury, loss of strength right index finger, and posttraumatic degenerative joint disease left index finger.

The Board remands the claim for service connection for TBI to correct a pre-decisional duty to assist error and to satisfy a statutory and regulatory duty.

The Veteran's PTSD with acute TBI was increased from 50% to 70%, but no higher, while other claims for increased ratings were denied.

The Board granted service connection for a back disorder, right and left lower extremity radiculopathy, and a back scar. The claims for hearing loss, headaches, traumatic brain injury (TBI), sinusitis, irritable bowel syndrome (IBS), chronic fatigue syndrome (CFS), and restless leg syndrome (RLS) were denied.

The Board denied the veteran's claims for a compensable rating for right hip pain, limitation of flexion and extension, as well as service connection for obstructive sleep apnea (OSA), traumatic brain injury (TBI), and vertigo.

The Board denied service connection for a right eye disorder, a traumatic brain injury (TBI), and a compensable initial rating for hypertension.

The Board remands the claim for an earlier effective date, prior to November 19, 2020, for an increased evaluation to 70 percent for traumatic brain injury and associated cognitive disorder (TBI) due to a duty to assist error.

The Board denied service connection for a sleep disorder other than insomnia and denied increased ratings for migraine headaches, PTSD with alcohol use disorder, insomnia disorder, and residuals of TBI, and TDIU prior to October 27, 2021. However, the Board granted a 50 percent rating for migraine headaches since June 11, 2021, a 70 percent rating for PTSD with alcohol use disorder, insomnia disorder, and residuals of TBI since May 1, 2019, and a TDIU solely due to service-connected psychiatric disabilities as of October 27, 2021.

The Board granted service connection for a seizure disability as secondary to the Veteran's TBI, restored a 50% rating for tension headaches, and granted special monthly compensation based on the need for regular aid and attendance due to residuals of a TBI.

The Board dismissed the claims for service connection for various disabilities, including back, knee, foot, and ankle conditions, as well as TBI, neurological disorder, sleep apnea, respiratory complaints, asthma, GERD, anxiety, PTSD, and other related conditions. The Board also granted an initial 10 percent rating for left hip strain with painful limited extension and denied a compensable rating for the same condition.

The Board denied the Veteran's claim for service connection for vision problems as a residual of a traumatic brain injury (TBI) due to the lack of evidence showing he currently has a diagnosed eye condition.

The Board granted service connection for left and right ankle degenerative arthritis, other than posttraumatic, but denied increased ratings for TBI, migraines, and an acquired psychiatric condition.

The Board remands the claims for service connection for residuals of a TBI, lupus, and OSA due to deficiencies in the medical evidence.