The Veteran was granted a total disability rating based on individual unemployability (TDIU) from April 28, 2010 to September 19, 2012 due to his service-connected PTSD. The appeal for an initial disability rating in excess of 10 percent for TBI prior to September 19, 2012 was denied.
The deciding factor: The Veteran's symptoms did not meet the criteria for a higher rating under DC 8045 due to their severity and impact on his daily functioning.
- Claimed conditions
- Traumatic Brain Injury (TBI) residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- October 22, 2024
- Citation
- A24067932
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 70 percent rating for TBI residuals, a separate 30 percent rating for a peripheral vestibular disorder associated with service-connected TBI, and a total disability rating based on individual unemployability (TDIU) from August 9, 2022.
- Denied
The Board denied the veteran's claims for an increased rating for TBI and service connection for cervical spine strain with degenerative arthritis and degenerative disc disease, as well as remanded a claim for service connection for GERD.
- Remanded (sent back)
The Board remands the Veteran's claim for a special monthly compensation (SMC) under 38 U.S.C. §1114(t) for the residuals of traumatic brain injury (TBI) to correct pre-decisional duty to assist errors.
- Remanded (sent back)
The Board remands the claim for a new VA examination to clarify the nature and severity of the Veteran's service-connected generalized anxiety disorder and traumatic brain injury residuals.
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