The Veteran's TBI has not resulted in higher than level 2 impairment in any facet for rating TBI. The criteria for an initial rating in excess of 40 percent for TBI prior to June 22, 2012 have not been met.,The criteria for a rating in excess of 70 percent for TBI with bipolar disorder and dextromethorphan dependence from June 22, 2012, to April 4, 2013, have not been met. A 100 percent rating for TBI with bipolar disorder and dextromethorphan dependence from April 4, 2013, to June 24, 2013, has been granted.,The criteria for a rating in excess of 70 percent for TBI with bipolar disorder and dextromethorphan dependence from November 1, 2013, to May 23, 2015, have not been met.
The deciding factor: There is no evidence showing that the Veteran warrants a level 3 or higher for any of the facets for rating TBI, as required for a higher rating. The manifestations of two or more conditions cannot be clearly separated.,The record does not suggest impairment more severe than 'deficiencies in most areas,' which is the impairment contemplated by the 70 percent rating. Total occupational and social impairment due to the psychiatric disorder during this period was not shown, and the Veteran is shown to be able to maintain personal hygiene, maintain relationships with family members, and function independently.,The record does not suggest impairment more severe than 'deficiencies in most areas,' which is the impairment contemplated by the 70 percent rating. Total occupational and social impairment due to the psychiatric disorder during this period was not shown, and the Veteran is shown to be able to maintain personal hygiene, maintain relationships with family members, and function independently.
- Claimed conditions
- Cervical Spine Disorder, Traumatic Brain Injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 3, 2019
- Citation
- 19134725
Veterans Law Judge
Decisions by this judge: 2,077 · Granted: 25% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation 19134725.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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