The Veteran's TBI with anxiety disorder, MDD, and unspecified personality disorder is currently rated at 70 percent. The Board has remanded the issues of service connection for a back disorder and vertigo due to insufficient evidence. A TDIU prior to September 29, 2012, remains on appeal.
The deciding factor: The Veteran's symptoms do not meet or approximate total occupational and social impairment as required by DC 8045-9413 for an initial rating in excess of 70 percent.
- Claimed conditions
- Traumatic Brain Injury (TBI), Anxiety Disorder, Major Depressive Disorder, Unspecified Personality Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- November 2, 2023
- Citation
- 23059239
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 23059239.
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.
- Denied
The Veteran's initial ratings for anxiety disorder and TBI were denied as the evidence did not meet the criteria for a higher rating.
- 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.
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