The Board has remanded the Veteran's appeal for a total disability rating based on individual unemployability (TDIU) due to service-connected residuals of traumatic brain injury (TBI). The issue will be reconsidered with consideration given to all service-connected disabilities, but not any other disabilities. Deliberation of whether referral for extraschedular TDIU is required prior to December 21, 2017 should also be considered.
The deciding factor: The Board found that the Veteran's entitlement to a TDIU should be based on all his service-connected residuals associated with his TBI, but not any of his other service-connected disabilities. The different effective dates of service connection and awards of disability ratings should be taken into consideration when considering the Veteran's entitlement to a TDIU.
- Claimed conditions
- Traumatic Brain Injury (TBI), Memory loss, Back disorder, Right shoulder disorder, Bilateral knees conditions
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 17, 2019
- Citation
- 19138528
Veterans Law Judge
Decisions by this judge: 1,812 · Granted: 30% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 19138528.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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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