The Veteran's TBI rating was reduced from 40% to 10%, effective April 10, 2014. The GERD and shoulder conditions were remanded for further evaluation. Other issues related to service connection or disability ratings remain pending.
The deciding factor: The reduction in the TBI rating was proper as it resulted from improvement under ordinary conditions of life.
- Claimed conditions
- Traumatic Brain Injury, Chronic Costochondritis, Gastroesophageal Reflux Disease (GERD), Degenerative Joint Disease of the Left Shoulder, Degenerative Disc Disease of the Cervical Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2019
- Citation
- 19125045
Veterans Law Judge
Decisions by this judge: 1,515 · Granted: 20% (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 19125045.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's initial ratings for anxiety disorder and TBI were denied as the evidence did not meet the criteria for a higher rating.
- Granted
The Veteran's acquired psychiatric disorder is granted a 70% rating, effective July 15, 2024. The Veteran's GERD remains at a 10% rating.
- Granted
The Board granted entitlement to SMC under 38 U.S.C. § 1114(t) effective January 21, 2019, based on the appellant's need for regular aid and attendance due to his service-connected TBI.
- Granted
The Veteran's PTSD is granted at a 70 percent rating prior to July 29, 2024. The GERD rating remains at 30 percent disabled but no higher.
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