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 service connection claims were also remanded as there was insufficient evidence to support these claims based on the provided medical records.
- 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.
- Partly granted
The Veteran's PTSD was granted a maximum disability rating of 100 percent effective December 12, 2022. The ratings for migraines and IBS with GERD were restored from noncompensable to their previous levels.
- 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 was granted a disability rating of 70 percent for posttraumatic stress disorder and major depressive disorder, effective October 24, 2017. The Board also granted a total disability rating based on individual unemployability due to service-connected disabilities.
- Granted
The Board granted service connection for a psychiatric disability, diagnosed as major depressive disorder and adjustment disorder with depressed mood, based on the Veteran's reported symptoms during and since service.
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