Traumatic brain injury (TBI) Board decisions

The Board denied an earlier effective date for the 100 percent rating of PTSD with TBI but granted a 50 percent rating for migraine headaches and a 10 percent rating for hand degenerative arthritis, right (thumb), from specific dates.

The Board granted the Veteran's motion to revise the August 2015 rating decision that denied service connection for traumatic brain injury (TBI) on the basis of clear and unmistakable error.

The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance due to service-connected traumatic brain injury (TBI) residuals, effective January 6, 2021.

The Board denied the claim for special monthly compensation (SMC) based on the need for regular aid and attendance or at the housebound rate prior to August 22, 2018.

The Board remands the issue of service connection for residuals of TBI other than those residuals for which service connection has already been granted, to ensure that it explains the scope of the claim and adjudicates any additional residuals.

The Board denied the veteran's appeal for service connection for TBI and heat exhaustion/stroke due to a late filing of the appeal.

The Board denied the veteran's claims for increased ratings and effective dates, finding that his symptoms did not warrant higher ratings or earlier effective dates.

The Board remands the issues of entitlement to service connection for tinnitus and a traumatic brain injury (TBI) due to missing service personnel records, treatment records, and relevant civilian police records.

The Board remands the issue of entitlement to a rating higher than 50 percent for residuals of traumatic brain injury (TBI) with mild neurocognitive disorder due to an outstanding duty to assist error.

The Board granted restoration of the 40 percent rating for a TBI, effective January 21, 2020, as the reduction was improper.

The Board remands the claims for service connection for lower back, upper back, balance issues, and traumatic brain injury due to a need for additional evidence.

The veteran withdrew his appeal for revision of the effective date of posttraumatic stress disorder (PTSD) with major depressive disorder, recurrent, moderate, with anxious distress, with traumatic brain injury (TBI).

The Board remands the appeal to correct errors in satisfying its duties under 38 U.S.C. § 5103A, including missing service records and a lack of appropriate medical opinions.

The Board granted a separate 10 percent rating for TBI residuals from November 27, 2022, but denied an increased rating in excess of 70 percent for PTSD with alcohol use disorder and dismissed the appeal seeking service connection for obstructive sleep apnea.

The Board remands the issues of service connection for residuals, pulmonary embolism, deep vein thrombosis, left calf, and moderate traumatic brain injury with residual headaches due to insufficient evidence.

The Board denied service connection for a left knee disability, right knee disability, and traumatic brain injury (TBI) as the evidence did not establish a nexus between these conditions and the Veteran's active service.

The Board remands the claims for a compensable rating for TBI residuals and migraine headaches due to a duty to assist error, as no VA examination was conducted prior to the September 2020 AOJ decision.

The Board remands the claim for an initial compensable evaluation for traumatic brain injury due to inadequate VA examination findings regarding memory loss.

The Board denied service connection for a broken nose, deviated septum, low back disability, left foot numbness, right foot numbness, sinus disability, left elbow and forearm disability, left knee disability, and right shoulder strain. Service connection was granted for gastroesophageal reflux disease (GERD) and left hamstring strain. The Board also denied an initial evaluation in excess of 70 percent for posttraumatic stress disorder with residuals of a traumatic brain injury, an initial evaluation in excess of 30 percent for migraine headaches, an initial evaluation in excess of 20 percent for fibromyalgia, and an evaluation in excess of 20 percent for irritable bowel syndrome with diarrhea. The Board denied a total disability rating based on individual unemployability as a result of service-connected disabilities prior to December 1, 2023.

The Board denied service connection for traumatic brain injury (TBI) and remanded claims for obstructive hydrocephalus and an acquired psychiatric disorder due to insufficient evidence of a current diagnosis.