The Veteran's TBI residuals and left knee instability ratings have been restored, with the exception of SMC benefits which were restored from October 17, 2012.
The deciding factor: The RO improperly reduced the Veteran’s disability ratings without following proper procedures, resulting in a void ab initio reduction. The Veteran's TBI residuals and left knee instability are rated based on their direct service connection rather than any presumption or secondary theory of service connection.
- Claimed conditions
- TBI residuals, Left Knee Instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 1, 2020
- Citation
- 20022567
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 20022567.
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 Veteran's service-connected knee disabilities have been rated and denied for increased ratings, with some conditions receiving specific disability ratings. The Veteran is granted a 60% rating for her total right knee replacement from September 4, 2015 onwards, but the other claims are denied.
- Remanded (sent back)
The Board has determined that the ratings for PTSD and TBI residuals should be separated, but remanded to allow for appropriate re-rating. The SMC benefits at the housebound level are also being remanded due to its inextricability with the rating issues.
- Partly granted
The Veteran's claims for service connection and increased ratings have been remanded due to insufficient evidence. The Board will consider all submitted evidence, including any new evidence provided by the Veteran.
- Granted
The Veteran's left knee disability is rated at 40 percent for limitation of extension, effective December 18, 2025. The Veteran also received separate ratings for instability and dislocation of semilunar cartilage.
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