The reduction in the Veteran’s rating for residuals of TBI from 10 percent to 0 percent was improper, and the prior rating is restored.,The criteria for an effective date earlier than October 17, 2014, for the award of service connection for PTSD with major depression are not met.,For the entire period on appeal, the Veteran’s PTSD with major depression meets the criteria for a 70 percent rating.
The deciding factor: The reduction in evaluation from 10 to 0 percent for service-connected residuals of TBI was improper due to lack of sustained improvement and failure to follow proper procedural requirements.,There is no evidence of an effective date prior to October 17, 2014, for PTSD with major depression as the Veteran did not file a substantive appeal following the October 17, 2014 claim.,The criteria for a 70 percent rating were met due to occupational and social impairment with deficiencies in most areas.
- Claimed conditions
- Traumatic Brain Injury (TBI), Posttraumatic Stress Disorder (PTSD) with Major Depression, Migraine Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- January 29, 2019
- Citation
- 19107013
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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