Traumatic brain injury (TBI) Board decisions

The appeal of the proposed reduction from 50 percent to 10 percent for service-connected PTSD with MDD and TBI, as well as the appeal of the proposed discontinuance of Dependents' Educational Assistance under 38 U.S.C. Chapter 35, are dismissed.

The Board granted an effective date of July 8, 2019 for service connection for TBI but denied an earlier effective date for right shoulder strain.

The Board denied the veteran's claims for increased ratings and service connection, finding that the evidence did not support higher ratings or service connection for any of the conditions appealed.

The Board granted an initial rating of 40 percent for TBI residuals from April 28, 2014, to September 23, 2019; a 70 percent rating from September 23, 2019, to August 19, 2022; and denied an initial rating in excess of 70 percent for TBI residuals with PTSD from August 19, 2022.

The Board granted a 100 percent rating for PTSD with TBI and SMC at the housebound rate.

The Veteran is granted special monthly compensation (SMC) at the rate provided under 38 U.S.C. § 1114(t) due to his need for regular aid and attendance for residuals of a traumatic brain injury.

The Board's decision to dismiss the appeal of a May 2020 rating decision that increased the rating for migraine and tension headaches to 50 percent, effective February 27, 2020, and continued a prior 70 percent rating for PTSD and major depressive disorder with TBI is vacated due to a procedural error.

The Board denied the veteran's claims for increased ratings for chronic bronchitis, PTSD, major depressive disorder, alcohol use disorder and traumatic brain injury/post-concussional syndrome, and GERD.

The Board granted a 50 percent rating for PTSD with sleep impairment and TBI residuals, but denied non-compensable ratings for migraine headaches and allergic rhinitis.

The Board remands the claims for service connection for various conditions, including right and left elbow pain, right and left knee conditions, a finger condition, and residuals of a traumatic brain injury (TBI), to afford the Veteran VA examinations.

The Board granted a 70 percent rating for PTSD with TBI, effective February 18, 2022.

The Board dismissed the veteran's appeals for increased ratings and service connection due to improper concurrent elections and a spurious February 2024 rating decision.

The Board granted service connection for a left ankle disability and denied service connection for traumatic brain injury, allergic rhinitis, and right knee chondromalacia.

The Board granted service connection for an acquired psychiatric disorder, including unspecified depressive disorder, panic disorder and cannabis use disorder, but denied service connection for TBI residuals.

The Board granted an earlier effective date of December 5, 2022 for the grant of a 50 percent disability rating for headaches and denied increased ratings for PTSD, migraine headaches, tonic-clonic seizures or grand mal epilepsy, and special monthly compensation.

The Board denied the Veteran's claims for increased ratings and an earlier effective date, but granted a total disability rating based on individual unemployability (TDIU).

The Board remands the service connection claim for residuals of a TBI due to an inadequate VA examination and medical opinion.

The Board denied the Veteran's claims for revision of a February 1997 rating decision on the basis of clear and unmistakable error (CUE) due to the failure to adjudicate service connection for hyperthyroidism, traumatic brain injury, and a higher initial rating for gastroesophageal reflux disease.

The Board denied the Veteran's claim for an earlier effective date than December 11, 2019, for a separate rating for TBI based on clear and unmistakable error (CUE).

The Board remands the claims for an initial compensable rating for allergic rhinitis, service connection for residuals of a traumatic brain injury (TBI), including headaches, and service connection for a right shoulder disorder due to additional evidence not being considered in previous decisions.