The Board denied a disability rating in excess of 70 percent for cognitive impairment disorder, granted an effective date of October 3, 2018, but no earlier, for the award of a 70 percent disability rating, and granted entitlement to total disability based on individual unemployability.
The deciding factor: The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, despite not meeting the criteria for a 100 percent disability rating.
- Claimed conditions
- cognitive impairment disorder, traumatic brain injury (TBI) residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2024
- Citation
- 24001491
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted an initial rating of 20 percent for right ankle tendinosis prior to January 6, 2022, and denied a rating in excess of 20 percent as of that date. A separate 30 percent rating was also granted for dizziness and imbalance associated with TBI.
- Remanded (sent back)
The Board remands the claim for service connection for TBI residuals (to include headaches, fatigue, and seizures) for accrued benefits purposes to obtain a retrospective etiological opinion.
- Dismissed
The Board denied the veteran's appeal for service connection and increased rating claims due to a late filing of the appeal request.
- Remanded (sent back)
The Board remands the claims for increased ratings of service-connected conditions to the RO for issuance of a Statement of the Case.
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