The Veteran's appeal is denied as the reduction of his disability rating for TBI from 40 percent to non-compensable was not proper, and the 40 percent rating is restored. The Veteran's acquired psychiatric disorders, seizure disorder with narcolepsy (as a residual of TBI), left upper extremity weakness, left lower extremity weakness, left hip disability as a residual of TBI, visual field defects due to status post craniotomy for subdural hematoma, and post-concussive headaches and localized neuritic head pain associated with TBI are all rated based on their individual merits.
The deciding factor: The reduction from 40 percent to non-compensable was not proper as the Veteran's residuals of TBI did not improve under ordinary conditions of work and life, and his acquired psychiatric disorders, seizure disorder with narcolepsy (as a residual of TBI), left upper extremity weakness, left lower extremity weakness, left hip disability as a residual of TBI, visual field defects due to status post craniotomy for subdural hematoma, and post-concussive headaches and localized neuritic head pain associated with TBI did not meet the criteria for higher ratings.
- Claimed conditions
- Traumatic Brain Injury (TBI), Dementia due to brain trauma, Seizure disorder with narcolepsy (posttraumatic seizure disorder with narcolepsy), Left hip disability as a residual of TBI, Nystagmus (eye movement disturbance) as a residual of TBI, Visual field defects as a residual of TBI, Headaches and localized neuritic head pain associated with TBI
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 27, 2018
- Citation
- 1829756
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 1829756.
What this means for you
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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
The Veteran's claim for special monthly pension (SMP) based on the need for aid and attendance is granted due to his cognitive impairment resulting from a motor vehicle accident in 2018, which has rendered him unable to work and needing assistance with daily activities.
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