The Veteran was granted service connection for Traumatic Brain Injury with a disability rating of 10 percent. The RO found that the initial decision granting this service connection and rating was clearly erroneous, leading to an adjustment in the rating to 70 percent effective January 26, 2011. The Veteran's application for Service-Disabled Veterans Insurance (RH) was filed within two years of the corrected decision.
The deciding factor: The RO found that the initial service connection and disability rating were clearly erroneous due to an inadequate examination used in the March 2009 decision, leading to a higher rating of 70 percent effective January 26, 2011. The Veteran's application for RH was filed within two years of this corrected decision.
- Claimed conditions
- Traumatic Brain Injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- June 10, 2015
- Citation
- 1524931
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. Search VA.gov for the original decision (opens in a new tab) using citation 1524931.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's initial ratings for anxiety disorder and TBI were denied as the evidence did not meet the criteria for a higher rating.
- Remanded (sent back)
The Veteran's appeal for an initial disability rating in excess of 10 percent for service-connected traumatic brain injury is being remanded due to a procedural error.
- Granted
The Board granted entitlement to SMC under 38 U.S.C. § 1114(t) effective January 21, 2019, based on the appellant's need for regular aid and attendance due to his service-connected TBI.
- Denied
The Veteran's claim for a rating in excess of 70 percent for TBI is denied. The appeal for entitlement to TDIU is dismissed as moot.
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