The Board denied service connection for traumatic brain injury (TBI) and remanded issues related to a compensable rating for a nasal fracture, memory impairment, headaches, sinusitis, and total disability rating based on individual unemployability due to service-connected disabilities.
The deciding factor: The Veteran's reported memory impairment was not linked to his service-connected nasal fracture as required by the but-for causation standard in Spicer v. McDonough, 61 F.4th 1360 (Fed. Cir. 2023).
- Claimed conditions
- traumatic brain injury (TBI), memory impairment, headaches, sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2024
- Citation
- A24067651
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.
- Granted
The Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
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