The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for TBI, as his cognitive impairment was rated at 10 percent. His hearing loss disability is also rated at 10 percent. Service connection for right and left knee disabilities, lumbar strain, and SMC based on need for regular aid and attendance were all remanded.
The deciding factor: The Board found that the Veteran's cognitive impairment did not meet or approximate a higher rating due to lack of evidence supporting more than one facet at level '2' or above. The hearing loss disability was also rated at 10 percent, as there is no evidence showing it meets or approximates a higher rating.
- Claimed conditions
- Traumatic Brain Injury (TBI), Migraines, Peripheral Vestibular Disorder (Vertigo), Major Depressive Disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2023
- Citation
- 23001975
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 23001975.
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 Veteran's major depressive disorder is found to be caused by his service-connected low back and radiculopathy disabilities, which prevent him from doing enjoyable activities and daily living tasks.
- Remanded (sent back)
The Veteran's claims for an increased rating for PTSD and TDIU are being remanded due to the need for additional development, including a new VA examination.
- Granted
The Board has determined that the Veteran's erectile dysfunction is secondary to his service-connected major depressive disorder, and thus grants service connection for this condition.
- Granted
The Veteran's initial evaluation for tension headaches to include migraines is granted, with a rating of 50 percent effective from May 23, 2023.
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