The Veteran's appeal for an initial disability rating in excess of 40 percent prior to September 9, 2021, for service-connected traumatic brain injury (now rated as posttraumatic stress disorder with major depressive disorder, to include traumatic brain injury) is remanded. The appeal for a total disability based on individual unemployability prior to October 21, 2020, is also remanded.
The deciding factor: The Board found that the Veteran's PTSD and TBI symptoms could not be separated due to their overlapping and undifferentiated nature, resulting in a single disability rating of 100 percent for PTSD with TBI effective September 9, 2021. The appeal for an initial disability rating prior to this date is remanded as it requires additional medical opinion.
- Claimed conditions
- Traumatic Brain Injury (TBI), Posttraumatic Stress Disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 24, 2023
- Citation
- 23018402
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 23018402.
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 claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
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