The Board has remanded the claim for an initial rating in excess of 10 percent for TBI prior to May 31, 2016 due to a lack of adequate medical opinion regarding the extent and severity of TBI residuals that are clearly separable from PTSD manifestations.
The deciding factor: The Board found that the VA psychiatrist's opinion was inadequate as it did not address whether the Veteran’s social interaction was 'frequently inappropriate' at any point prior to May 31, 2016, and if so, whether such constituted a TBI residual clearly separable from his PTSD manifestations.
- Claimed conditions
- Traumatic Brain Injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2020
- Citation
- 20072717
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 granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Veteran's effective date for the award of a 100 percent rating for PTSD with alcohol use disorder moderate and TBI was granted as of October 22, 2019.
- Denied
The Board denied earlier effective dates for the grant of service connection and increased evaluations for GERD, sinusitis, allergic rhinitis, and TBI.
- Denied
The Board denied an initial compensable disability rating for the Veteran's service-connected traumatic brain injury (TBI) as the evidence did not support a finding of symptoms related to TBI residuals.
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