The Veteran's initial claim for a TBI rating was granted at 10 percent prior to June 21, 2016. From that date, the Veteran's TBI is rated as 10 percent disabling. The Board denied an increased rating beyond 10 percent and dismissed the TDIU claim as moot due to his service-connected grand mal seizures. SMC at the housebound rate was also denied prior to August 3, 2016.
The deciding factor: The Veteran's cognitive impairment did not meet or exceed the criteria for a higher rating under DC 8045 before June 21, 2016 and from that date until his grand mal seizures were service-connected, he was only rated at 10 percent due to the overlap of ratings.
- Claimed conditions
- Traumatic Brain Injury (TBI), Depression, Anxiety Disorder, Seizures/Epilepsy, Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 28, 2020
- Citation
- 20006367
Veterans Law Judge
Decisions by this judge: 2,249 · Granted: 37% (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 20006367.
What this means for you
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What you can do next
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The Board denied eligibility to attorney fees based on past-due benefits awarded in a March 2024 rating decision because the March 2024 rating decision was an initial decision granting service connection for anxiety disorder.
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