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
Veterans Law Judge
Decisions by this judge: 2,077 · Granted: 25% (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 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 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 claim for special monthly compensation based on aid and attendance due to service-connected TBI with PTSD is granted, effective September 6, 2018.
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