The Board found that there was no clear and unmistakable error in the assignment of separate ratings for TBI and depression, as the evidence did not clearly indicate overlapping cognitive symptoms at the time of the September 2019 rating decision.
The deciding factor: The Board determined that the evidence did not clearly and unmistakably show that the Veteran's TBI and depression had overlapping cognitive symptoms, which would have required a single rating under the rule against pyramiding.
- Claimed conditions
- Traumatic Brain Injury (TBI), Persistent Depressive Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2024
- Citation
- A24069759
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Veteran's effective date for the award of a 100 percent rating for PTSD with alcohol use disorder moderate and TBI was granted as of October 22, 2019.
- Denied
The Board denied earlier effective dates for the grant of service connection and increased evaluations for GERD, sinusitis, allergic rhinitis, and TBI.
- Denied
The Board denied an initial compensable disability rating for the Veteran's service-connected traumatic brain injury (TBI) as the evidence did not support a finding of symptoms related to TBI residuals.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.