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
- Not verified here — check the original 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 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 19138528.
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
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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