The Veteran's claim for service connection for Traumatic Brain Injury (TBI) was denied. The Board found that there is no current TBI and the lay reports were not competent to establish the existence of a current disability. For the issue of total disability rating based upon individual unemployability due to service-connected disabilities prior to September 14, 2015, the Veteran's combined schedular disability rating did not meet the minimum requirements for consideration under 38 C.F.R. § 4.16(a). The Board found that the Veteran was unable to secure and follow a substantially gainful occupation due to his service-connected disabilities prior to September 14, 2015.
The deciding factor: The evidence did not establish current TBI at any time during the appeals period and the lay reports were not competent to establish the existence of a current disability. The Veteran's combined schedular disability rating did not meet the minimum requirements for consideration under 38 C.F.R. § 4.16(a).
- Claimed conditions
- Traumatic Brain Injury (TBI), Posttraumatic Stress Disorder (PTSD), Degenerative Disc Disease of the Lumbar Spine, Radiculopathy, Left Lower Extremity, Rotator Cuff Tendinopathy, Right Shoulder, Tinnitus, Degenerative Disc Disease of the Lumbar Spine (Back Disorder), Plantar Fasciitis, Right Foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 20, 2023
- Citation
- 23052053
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 23052053.
What this means for you
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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.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
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