Traumatic brain injury (TBI) Board decisions

The appeal for restoration of the 100 percent rating for PTSD with bipolar II disorder and cognitive impairment due to traumatic brain injury beginning on June 29, 2019 was improperly docketed at the Board of Veterans' Appeals and is therefore dismissed.

The Board denied increased ratings for various disabilities and granted service connection for residuals of frostbite in the hands and sinusitis, while remanding several issues for further consideration.

The Board denied increased ratings for bilateral pes planus with plantar fasciitis and PTSD/TBI, but granted special monthly compensation based on the need for aid and attendance.

The Board denied entitlement to increased ratings for PTSD and TBI, as well as a TDIU and SMC.

The Board granted an initial rating of 70 percent for TBI and a total disability rating due to individual unemployability resulting from service-connected disabilities.

The Board denied the veteran's claim for an initial disability rating in excess of 10 percent for residuals of traumatic brain injury (TBI) based on a September 2022 VA examination that found mild impairment.

The Board granted service connection for a lumbar spine disability, bilateral plantar fasciitis, and an acquired psychiatric disability. Service connection was denied for frostbite residuals of the left and right feet, and remanded claims for gastroesophageal reflux disease (GERD), hypertension, sleep apnea, and diabetes mellitus, type II.

The Board granted service connection for residuals of TBI, diagnosed as right mesial temporal lobe sclerosis, based on the evidence showing a relationship between the in-service head injury and the current disability.

The Board restored the 10 percent rating for right lower extremity (RLE) radiculopathy, femoral nerve, and denied increased ratings for left lower extremity radiculopathy, sciatic nerve, erectile dysfunction, TBI with unspecified depressive disorder, and migraines.

The Board restored the 40 percent rating for degenerative disc disease of the lumbar spine and granted a 100 percent rating for persistent depressive disorder with psychotic features with TBI from December 20, 2017 to August 24, 2021.

The Board remands the claims for an earlier effective date for the award of a 70 percent evaluation for service-connected PTSD with TBI and for DEA benefits under 38 U.S.C. Chapter 35, as additional evidence requires further clarification.

The Board denied the Veteran's claim for an earlier effective date for a 100 percent disability evaluation for residuals of a TBI, finding that he did not meet the criteria for such an evaluation prior to December 7, 2023.

The Board granted service connection for traumatic brain injury (TBI) but denied service connection for memory loss and remanded the claim for an acquired psychiatric condition, to include adjustment disorder with anxious mood.

The Board denied service connection for a psychiatric disorder, hearing loss, TBI, headaches, heart disease, left and right foot disorders, and a higher disability rating for the gunshot wound through-and-through scar residuals -abdomen, with muscle group XIX involvement.

The Board denied service connection for sleep apnea, peripheral vestibular disorder, bilateral hearing loss, cardiovascular disease, including hypertension, and bilateral cataracts. However, it granted a 10 percent disability rating for TBI and a 70 percent disability rating for other specified trauma and stressor related disorder, effective from August 21, 2020.

The Board remands the claims for service connection for various conditions, including facial injury with six teeth missing, sinus disability, right eye injury, traumatic brain injury (TBI), bilateral hearing loss, tinnitus, acquired psychiatric disability, cirrhosis of the liver, diabetes mellitus type II, and cause of death, as well as Dependency and Indemnity Compensation (DIC) benefits under 38 U.S.C. § 1318, to the AOJ for further development.

The Board granted service connection for major depressive disorder and remanded the claims for bilateral hearing loss, chronic cervical spine pain, chronic thoracic spine pain, and traumatic brain injury.

The Board denied the Veteran's appeal for an initial rating greater than 10 percent for TBI, finding that all contended symptoms were duplicative of those already compensated for under other service-connected disabilities.

The Board denied the veteran's claims for earlier effective dates for service connection for various conditions, including chronic thoracolumbar strain, radiculopathy of the bilateral lower extremities, traumatic brain injury with vertigo, and others.

The Board granted clothing allowances for a back brace and wheelchair, but denied them for a neck brace, bilateral knee braces, pain medication therapy, cane, and walker.