The Veteran's TBI residuals were previously rated at 40 percent, effective June 29, 2012. The VA reduced this rating to 10 percent in August 2014 without following proper procedures. The Board has now reinstated the original 40 percent rating.
The deciding factor: The AOJ improperly reduced the Veteran's TBI residuals rating from 40% to 10%, effective November 1, 2014, without observing applicable laws and regulations.
- Claimed conditions
- Traumatic Brain Injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 3, 2019
- Citation
- 19176321
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.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and service connection for irritable bowel syndrome, migraine headaches, and traumatic brain injury.
- Granted
The Veteran's service-connected traumatic brain injury, bilateral knee disabilities, and sinus disability prevented him from obtaining or retaining substantially gainful employment during the period on appeal prior to January 26, 2009.
- Denied
The Board denied the Veteran's claim for revision of the October 2016 rating decision that awarded a 10 percent rating for traumatic brain injury on the basis of Clear and Unmistakable Error (CUE).
- Denied
The Board denied an increased rating in excess of 70 percent for the service-connected PTSD with TBI from August 24, 2020.
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