The Veteran's TBI residuals are rated at 10% and his acquired psychiatric disability is not service-connected. The Board denied an initial rating in excess of 10% for the period prior to October 19, 2017, and denied service connection for the acquired psychiatric disability. A total disability rating based on individual unemployability was granted.
The deciding factor: The Veteran's TBI residuals did not warrant a higher than 10% rating due to the lack of additional impairment beyond mild memory loss and visual orientation issues.
- Claimed conditions
- Residuals of Mild Traumatic Brain Injury (TBI), Acquired Psychiatric Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 29, 2020
- Citation
- 20081303
Veterans Law Judge
Decisions by this judge: 857 · Granted: 35% (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 20081303.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's acquired psychiatric disability is rated at 100 percent, and he is granted SMC based on housebound status. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed as moot due to the grant of a 100 percent schedular rating for his service-connected acquired psychiatric disability.
- Granted
The Board has granted service connection for an acquired psychiatric disability, to include PTSD, finding that the Veteran's current condition is related to her military service and not a pre-existing condition. The decision also acknowledges that her service-connected disabilities may have contributed to her current mental health issues.
- Remanded (sent back)
The Veteran's claim for service connection for PTSD and an acquired psychiatric disability is being remanded due to the submission of new and relevant evidence. The AOJ will now consider these claims on their merits.
- Remanded (sent back)
The Veteran's claims for PTSD, rhinitis, and sinusitis are being remanded due to the need for additional examinations to determine if these conditions are related to her military service.
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