The Board granted separate evaluations for a psychiatric disability, the residuals of a traumatic brain injury, and peripheral vestibular disorder, an effective date of April 16, 2020, for the 30 percent evaluation for peripheral vestibular disorder, a TDIU due solely to peripheral vestibular disorder, and SMC under 38 U.S.C. § 1114(s).
The deciding factor: The Board found separate evaluations were warranted based on medical evidence showing distinct diagnoses and granted the effective date based on a factually ascertainable increase in disability.
- Claimed conditions
- Psychiatric disability, Residuals of a traumatic brain injury, Peripheral vestibular disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2024
- Citation
- A24068631
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 100 percent rating for psychiatric disability and Meniere's disease, but denied SMC based on the need for regular aid and attendance.
- Partly granted
The Board granted initial ratings of 70 percent for a psychiatric disability, 40 percent for a low back disability, and 20 percent each for bilateral lower extremity radiculopathy involving the sciatic nerve and femoral nerve. The claim for an initial rating greater than 30 percent for irritable bowel syndrome was denied.
- Denied
The Board denied the Veteran's claim for an earlier effective date for the 70 percent rating for his service-connected psychiatric disability, finding that May 9, 2022, was the earliest date as of which it was factually ascertainable based on all evidence of record that an increase in disability had occurred.
- Partly granted
The Board denied a rating in excess of 30 percent for peripheral vestibular disorder and denied service connection for GERD, while granting service connection for patellofemoral pain syndrome in both the left and right knees.
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