The Board has remanded several issues related to the Veteran's TBI, including rating higher than 10 percent for the condition and separate ratings for other residuals. The service connection for bilateral hearing loss disability as a TBI residual is also being remanded.
The deciding factor: The June 2020 decision was vacated by the Court due to inadequate reasons provided regarding the severity level of mild neurocognitive disorder, which warranted a higher rating than 10 percent. The July 2022 VA medical opinion concluded that the Veteran's score on the MMSE in January 2014 neuropsychological testing was not valid and suggested a higher rating.
- Claimed conditions
- Vertigo, Acquired Psychiatric Disorder (Generalized Anxiety Disorder and Insomnia), Stuttering or Slurring, Right Upper Extremity Peripheral Neuropathy, Bilateral Eye Post-Chiasmal Disorders and Dry Eye Syndrome, Total Disability Rating Due to Individual Unemployability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2023
- Citation
- 23005861
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 23005861.
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 Board denied a rating greater than 70 percent for PTSD, granted an earlier effective date of August 14, 2024, for the grant of a 70 percent rating for PTSD, and denied other claims including entitlement to an effective date prior to April 3, 2025, for the grant of a 100 percent rating evaluation for CAD.
- Partly granted
The Board granted service connection for lumbar spine disability, as secondary to the Veteran's service-connected left foot crush injury, and sciatic radiculopathy of both lower extremities, also secondary to the newly service-connected lumbar spine disability. The Board denied an initial rating in excess of 70 percent for depressive disorder with unspecified anxiety disorder and a compensable rating for allergic rhinitis.
- Partly granted
The Board granted service connection for bilateral hearing loss and tinnitus, effective August 28, 2018, due to clear and unmistakable error in the October 2018 rating decision. Service connection was also granted for major depressive disorder (MDD) as secondary to the Veteran's service-connected bilateral hearing loss and tinnitus.
- Denied
The Board denied the Veteran's claim for a higher evaluation for service-connected vertigo, finding that the evidence did not support an evaluation in excess of 10 percent.
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