The Veteran's residuals of TBI are not manifested by any facet equating to higher than a level '1' under the Table of Facets of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified.,Since June 2009, the Veteran’s low back disorder has been manifested in painful motion at a non-compensable level. From March 2017 onwards, it manifests with muscle spasm severe enough to result in an abnormal gait or abnormal spinal contour.
The deciding factor: The Veteran's residuals of TBI do not meet the criteria for a higher rating as they are only rated at level '1' under the Table of Facets of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified.
- Claimed conditions
- Degenerative Disc and Joint Disease (Spondylosis) - Lumbar Spine with Lumbar Strain (Low Back Disorder), Dysthymic Disorder, Left Ulnar Cubital Tunnel Neuropathy, Residuals of Traumatic Brain Injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 9, 2019
- Citation
- 19192385
Veterans Law Judge
Decisions by this judge: 439 · 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 19192385.
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.
- Remanded (sent back)
The Veteran's appeal is remanded for further development, including obtaining records from the Lancaster Vet Center and private mental health professionals.
- Granted
The Board has restored the Veteran's disability rating for PTSD and TBI residuals from 70% to 70%, effective October 28, 2020. The reduction was improper due to a lack of evidence demonstrating improvement in the Veteran's condition.
- Denied
The Veteran's PTSD with major depressive disorder and TBI residuals are currently rated at 70 percent, effective February 14, 2019. The appeal for a higher rating is denied.
- Remanded (sent back)
The Board has found a pre-decisional duty to assist error and remands the case for a VA examination to determine the nature and etiology of the Veteran's acquired psychiatric disorder(s).
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