The reduction of the rating for traumatic brain injury from 70 percent to 0 percent, effective April 1, 2015, was improper; a 70 percent rating for TBI is restored effective April 1, 2015.
The deciding factor: The RO did not apply 38 C.F.R. §§ 4.1 and 4.2 or Schafrath when determining that the evidence reflected an actual change in the disability of memory, attention, concentration, and executive functions.
- Claimed conditions
- Traumatic Brain Injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- January 2, 2019
- Citation
- 19100342
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and service connection for irritable bowel syndrome, migraine headaches, and traumatic brain injury.
- Granted
The Veteran's service-connected traumatic brain injury, bilateral knee disabilities, and sinus disability prevented him from obtaining or retaining substantially gainful employment during the period on appeal prior to January 26, 2009.
- Denied
The Board denied the Veteran's claim for revision of the October 2016 rating decision that awarded a 10 percent rating for traumatic brain injury on the basis of Clear and Unmistakable Error (CUE).
- Denied
The Board denied an increased rating in excess of 70 percent for the service-connected PTSD with TBI from August 24, 2020.
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