The Veteran's service-connected residuals of TBI are not supported by the evidence, and his psychiatric disability is rated based on its severity.,Service connection for degenerative disc disease of thoracolumbar spine has been granted. The Veteran's cervical spine disability remains denied.,Left upper extremity radiculopathy was found to be at least moderate in severity since May 16, 2012.,Right upper extremity radiculopathy was rated as 20 percent disabling from April 8, 2015 to May 22, 2017 and 40 percent thereafter. The Veteran's right lower extremity radiculopathy is rated at 20 percent since May 22, 2017.,Left lower extremity radiculopathy was found to be at least moderately severe in severity throughout the relevant appeal period.,The Veteran's service-connected disabilities are considered disabling enough for a TDIU rating.
The deciding factor: Service connection for residuals of TBI cannot be established as there is no evidence of current disability related to the claimed injury. The psychiatric disability, however, has been found to meet criteria for a 70 percent rating between May 16, 2012 and December 8, 2015, and a 50 percent rating since then.,Degenerative disc disease of thoracolumbar spine meets the criteria for a 40 percent disability rating throughout the relevant appeal period. Degenerative disc disease of cervical spine is rated at 30 percent since December 28, 2013.,Left upper extremity radiculopathy has been found to meet criteria for a 30 percent disability rating since May 16, 2012.,Right upper extremity radiculopathy was rated at 40 percent effective May 22, 2017. Right lower extremity radiculopathy is rated at 20 percent from May 16, 2012 to May 22, 2017 and 20 percent thereafter.,Left lower extremity radiculopathy has been found to meet criteria for a 30 percent disability rating throughout the relevant appeal period.,The Veteran's service-connected disabilities are considered disabling enough for a TDIU rating.
- Claimed conditions
- Traumatic Brain Injury (TBI)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2018
- Citation
- 1819079
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 1819079.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for a traumatic brain injury (TBI) and its residuals, including unsteady gait, somnolence, and cognitive dysfunction. The decision is based on the Veteran's credible lay statements about in-service head injuries and subsequent seizures.
- Denied
The Board has determined that the Veteran does not have a current diagnosis of Traumatic Brain Injury (TBI) and therefore, service connection for TBI is denied.
- Granted
The Veteran's claim for special monthly compensation based on aid and attendance due to service-connected TBI with PTSD is granted, effective September 6, 2018.
- Granted
The Veteran's claim for special monthly pension (SMP) based on the need for aid and attendance is granted due to his cognitive impairment resulting from a motor vehicle accident in 2018, which has rendered him unable to work and needing assistance with daily activities.
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