The reduction in the disability rating for mild TBI from 40 percent to noncompensable effective March 5, 2015, was not proper. The 40 percent rating is restored.
The deciding factor: The VA examination conducted on March 5, 2015 showed improvement in the Veteran's mild TBI symptoms and attributed the Veteran’s mild memory loss to service-connected PTSD with ADHD rather than the mild TBI.
- Claimed conditions
- Mild Traumatic Brain Injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 29, 2020
- Citation
- 20030157
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 20030157.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for a mild traumatic brain injury (TBI) based on the Veteran's credible reports of in-service head trauma and subsequent diagnosis of mild TBI.
- Granted
The Veteran is granted special monthly compensation based on the need for aid and attendance due to her service-connected disabilities.,SMC at the housebound rate prior to June 1, 2019 is denied as she does not meet the criteria for this benefit.
- Denied
The Veteran's residuals of mild TBI have not been manifested by a level of severity higher than '1' for any facet due to cognitive impairment and subjective symptoms. The Board denied an initial rating in excess of 10 percent for the residuals of mild TBI, but granted total disability individual unemployability (TDIU) effective September 25, 2008.
- Granted
The Veteran's PTSD disability, which includes MDD and alcohol abuse, has been rated at 100 percent since March 5, 2012, due to total occupational and social impairment.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.