The Board denied a rating in excess of 70 percent for TBI with bipolar disorder, granted a separate 40 percent rating for apraxia and visual spatial disorientation, and denied a rating in excess of 50 percent for tension headaches. The effective dates for increased ratings for left knee instability and limitation of extension were granted as of December 13, 2017.
The deciding factor: The evidence did not support a higher rating for TBI with bipolar disorder due to overlapping cognitive and emotional/behavioral symptoms, but the Veteran's apraxia and visual spatial disorientation warranted a separate rating. The tension headaches were already at their maximum schedular rating.
- Claimed conditions
- Traumatic Brain Injury (TBI) with Bipolar Disorder I, Apraxia and Visual Spatial Disorientation, residual symptoms of TBI, Tension Headaches, a residual symptom of the TBI
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2024
- Citation
- 24001777
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 denied the veteran's claims for increased ratings and service connection, except for a 20 percent rating for lumbosacral strain.
- Partly granted
The Board granted an increased initial evaluation of 70 percent for PTSD but denied evaluations in excess of 10% for tension headaches and in excess of 30% for IBS, and denied service connection for chronic fatigue syndrome. The claims for additional service connections were remanded.
- Dismissed
All appeals for service connection and increased ratings were dismissed due to concurrent elections in the Supplemental Claim.
- Denied
The Board denied the Veteran's appeal for special monthly compensation based on the need for regular aid and attendance of another person due to his service-connected disabilities.
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