The Veteran's PTSD is rated at 70 percent, which is the maximum schedular rating. The appeal for a higher rating is denied.,The Veteran's tension headaches are currently rated at 50 percent, and no higher rating is warranted under the current criteria.,The Veteran's TBI residuals with vertigo are currently rated at 10 percent. A remand is required to determine if a higher rating could be assigned based on the severity of the vertigo.
The deciding factor: PTSD symptoms do not more closely approximate total occupational and social impairment for any period, as they are already contemplated by the current 70 percent schedular rating.,Tension headaches have been rated at the maximum schedular disability rating (50 percent) due to their manifestations being fully encompassed in the existing criteria.,The severity of TBI residuals with vertigo is unclear from the record, and a remand is needed to determine if a higher rating could be assigned based on the frequency, severity, and manifestations of vertigo.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Tension Headaches, Traumatic Brain Injury (TBI) with residuals including vertigo
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2023
- Citation
- 23061580
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 23061580.
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.
- Denied
The Board denied an initial disability rating in excess of 50 percent for PTSD, finding the appellant's symptoms did not more closely approximate occupational and social impairment with deficiencies in most areas.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted a disability rating of 70 percent for PTSD and a total disability rating due to individual unemployability (TDIU) based on the Veteran's service-connected disabilities.
- Granted
The Board granted an effective date of February 21, 2007, for the award of service connection for PTSD and major depressive disorder with anxious distress.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.