The Veteran's claim for restoration of a 70 percent rating for TBI with cognitive disorder from May 21, 2015 is granted. Other claims are remanded.
The deciding factor: The AOJ failed to follow the notice due process for a rating reduction and as such, the rating reduction for TBI is void ab initio.
- Claimed conditions
- Traumatic Brain Injury (TBI), Cognitive Disorder, Post-Traumatic Headaches, Degenerative Joint Disease of the Lumbar Spine, Right Knee Patellofemoral Syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- August 7, 2019
- Citation
- 19161067
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 19161067.
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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