The Board found no clear and unmistakable error in the September 1965 rating decision that reduced the veteran's disability evaluation for traumatic brain disease from 50% to 30%. The reduction was consistent with VA regulations at the time.
The deciding factor: The September 1965 rating decision did not result in a reduction or discontinuance of compensation payments, so section 3.105(e) (1965) did not apply and no CUE existed.
- Claimed conditions
- Traumatic brain disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- June 16, 2005
- Citation
- 0516409
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0516409.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's limitations in performing activities of daily living are consistent with being unable to sustain himself in the community, warranting Tier 2 benefits under the PCAFC program.
- Remanded (sent back)
The Board has remanded both claims due to the need for additional VA treatment records and an updated examination.
- Denied
The Veteran's claim for payment or reimbursement of unauthorized medical expenses associated with treatment provided by a non-VA facility on March 16, 2007 was denied as the claim was not submitted within 90 days of the date of treatment.
- Denied
The Board found that the veteran did not suffer a head injury during service and there is no medical diagnosis of current traumatic brain disease. Therefore, the claim for service connection was denied.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.