The Veteran's TBI is currently rated at 40 percent, and the Board has found that this rating is not higher than what is warranted based on his symptoms. The issue of a total disability rating due to service-connected disabilities (TDIU) is remanded for further development.
The deciding factor: The Veteran’s TBI symptoms are currently evaluated as 40 percent disabling, and the Board has found that this evaluation adequately reflects the severity of his impairment based on the evidence of record. The issue of a TDIU will be remanded to allow for additional development and consideration.
- Claimed conditions
- Traumatic Brain Injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 27, 2019
- Citation
- 19189740
Veterans Law Judge
Decisions by this judge: 2,374 · Granted: 19% (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 19189740.
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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