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 demonstrated improvement under ordinary conditions of life.,There is no evidence showing an effective date prior to October 17, 2014, for PTSD with major depression.,PTSD with major depression meets the criteria for a 70 percent rating.
- 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
Veterans Law Judge
Decisions by this judge: 317 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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 Veteran's 50% disability rating for migraine headaches was restored as the evidence did not show actual improvement in his ability to function under ordinary conditions of life and work.
- 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 migraine headaches are rated at a 50 percent rating, effective December 3, 2021, due to frequent and severe attacks that significantly impact his ability to work.
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