The Board granted an earlier effective date of October 27, 2009 for the grant of service connection for TBI with headaches and PTSD, and also granted special monthly compensation (SMC) under certain provisions.
The deciding factor: The Veteran's TBI claim was reasonably encompassed in his October 27, 2009 service connection claim for a left orbital fracture disability, and the evidence is at least evenly balanced as to whether the Veteran requires assistance in daily activities due to his service-connected disabilities.
- Claimed conditions
- traumatic brain injury (TBI) with headaches and posttraumatic stress disorder (PTSD), left eye condition, orbital fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 5, 2021
- Citation
- 21061865
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Partly granted
The Board denied an initial rating higher than 50 percent for persistent depressive disorder and remanded the claims for service connection for a left eye condition and headaches.
- Dismissed
The Board dismissed the claims for earlier effective dates and higher ratings for various conditions, including left eye condition, right eye condition, hypertension, left knee, right knee, obstructive sleep apnea, and coronary artery disease (CAD), as well as denied an earlier effective date for CAD.
- Denied
The Board denied service connection for fibromyalgia, migraines, neuropsychological signs or symptoms, and a respiratory condition. The claims for an acquired psychiatric disorder, sleep disorder, lumbar spine disability, bilateral eye conditions, gastrointestinal problems, high blood pressure, and left below knee amputation were remanded.
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