The Board has determined that there is no clear and unmistakable error in the February 2010 rating decision that granted a separate 10 percent rating for dizziness as a residual of TBI. The appeal to restore this rating is granted.
The deciding factor: The AOJ failed to recognize that the 10 percent rating for dizziness as a residual of TBI was warranted under Diagnostic Code 6204, not 8045.
- Claimed conditions
- dizziness, anxiety disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 30, 2019
- Citation
- A19002301
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for depression, PTSD, and an anxiety disorder due to the lack of a current diagnosis.
- Partly granted
The Board dismissed the appeal for service connection for anxiety disorder and denied service connection for hearing loss. The claims for service connection for GERD, right ankle limitations, and sinusitis were remanded for further development.
- Remanded (sent back)
The Board remands the claim for service connection for dizziness to obtain an adequate medical opinion addressing whether it is related to service or a service-connected disability.
- Remanded (sent back)
The Board dismissed the appeal for a total disability rating based on individual unemployability due to service-connected disability (TDIU) and remanded several issues related to increased ratings for various disabilities.
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