The rating reduction for the Veteran's service-connected Traumatic Brain Injury from 40% to 0% was upheld due to a clear and unmistakable error in the original grant of disability rating.
The deciding factor: The original grant of 40% disability rating for TBI was based on an incorrect application of the rating criteria, leading to a CUE (clear and unmistakable error).
- Claimed conditions
- Traumatic Brain Injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- November 7, 2019
- Citation
- A19002618
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 A19002618.
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.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Veteran's effective date for the award of a 100 percent rating for PTSD with alcohol use disorder moderate and TBI was granted as of October 22, 2019.
- Denied
The Board denied earlier effective dates for the grant of service connection and increased evaluations for GERD, sinusitis, allergic rhinitis, and TBI.
- Denied
The Board denied an initial compensable disability rating for the Veteran's service-connected traumatic brain injury (TBI) as the evidence did not support a finding of symptoms related to TBI residuals.
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