The Veteran's initial 40% rating for TBI residuals prior to March 6, 2019 is granted. SMC based on the need for regular aid and attendance is also granted with a higher level of SMC effective July 31, 2019.
The deciding factor: The Veteran's TBI residuals are rated under DC 8045 due to overlap with his psychiatric disability, resulting in an initial compensable rating. The claim for earlier effective date for service connection is denied as the evidence was not sufficient prior to January 16, 2009.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Chronic Kidney Disease (CKD), Residuals of Traumatic Brain Injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 29, 2019
- Citation
- A19002327
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.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted an effective date of February 21, 2007, for the award of service connection for PTSD and major depressive disorder with anxious distress.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Board granted a disability rating of 70 percent for PTSD and a total disability rating due to individual unemployability (TDIU) based on the Veteran's service-connected disabilities.
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