The Veteran's TBI disability is rated at 40 percent, effective April 8, 2019. The Board denied increased ratings for his TBI and service connection claims for right elbow, wrist, knee, and left knee conditions.
The deciding factor: The evidence did not show that the Veteran’s TBI warranted a level 3 or higher impairment in any facet of cognitive impairment and other residuals of TBI, nor did it establish residuals symptoms consistent with level one or above impairment in any of these facets. The Veteran's residual symptoms are appropriately considered in the assigned 40 percent rating.
- Claimed conditions
- Traumatic Brain Injury (TBI), Right Elbow Condition, Right Wrist Condition, Right Knee Condition, Left Knee Condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 26, 2019
- Citation
- 19196164
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 19196164.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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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