The rating reduction for the Veteran's traumatic brain injury from 40 percent to 10 percent was improper, and the 40 percent rating is restored. The issues of service connection for peripheral neuropathy in both upper and lower extremities are remanded.
The deciding factor: There is no evidence showing material improvement in the Veteran’s TBI that would support a reduction from 40 to 10 percent.
- Claimed conditions
- Traumatic Brain Injury (TBI), Left Upper Extremity Peripheral Neuropathy, Right Upper Extremity Peripheral Neuropathy, Left Lower Extremity Peripheral Neuropathy, Right Lower Extremity Peripheral Neuropathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 28, 2018
- Citation
- 18139760
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 18139760.
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 has granted service connection for a traumatic brain injury (TBI) and its residuals, including unsteady gait, somnolence, and cognitive dysfunction. The decision is based on the Veteran's credible lay statements about in-service head injuries and subsequent seizures.
- Denied
The Board has determined that the Veteran does not have a current diagnosis of Traumatic Brain Injury (TBI) and therefore, service connection for TBI is denied.
- Granted
The Veteran's claim for special monthly compensation based on aid and attendance due to service-connected TBI with PTSD is granted, effective September 6, 2018.
- Granted
Service connection for OSA is granted, and the Veteran's initial ratings for atrial fibrillation, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, right upper extremity neuralgia, and left upper extremity neuralgia are all granted at 10 percent.
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