The Veteran's traumatic brain injury is rated at 40 percent, and her lumbar strain with associated lower radiculopathy has been rated at 20 percent prior to March 15, 2013, and 40 percent thereafter.
The deciding factor: The evidence shows that the Veteran's TBI results in mild cognitive impairment, warranting a 40 percent rating. Her lumbar strain with associated radiculopathy has been shown to result in moderate impairment, warranting a 20 percent rating prior to March 15, 2013, and a 40 percent rating thereafter.
- Claimed conditions
- Traumatic Brain Injury, Lumbar Strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 19, 2017
- Citation
- 1728092
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1728092.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's initial ratings for anxiety disorder and TBI were denied as the evidence did not meet the criteria for a higher rating.
- Remanded (sent back)
The Veteran's appeal for an initial disability rating in excess of 10 percent for service-connected traumatic brain injury is being remanded due to a procedural error.
- Granted
The Board granted entitlement to SMC under 38 U.S.C. § 1114(t) effective January 21, 2019, based on the appellant's need for regular aid and attendance due to his service-connected TBI.
- Denied
The Veteran's service-connected Traumatic Brain Injury did not meet the statutory threshold for special monthly compensation (SMC) at either the housebound or aid and attendance rates due to lack of permanent housebound status or need for regular aid and attendance.
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