The Veteran's service-connected memory loss is granted as secondary to his service-connected TBI. The rating for his TBI was reduced, but the reduction is void ab initio and he is now rated at 70 percent effective October 13, 2021. His claim for a higher rating prior to August 16, 2019 and for TDIU prior to August 26, 2021 are both remanded.
The deciding factor: The Veteran's memory loss is found to be secondary to his service-connected TBI, which was reduced but not properly done. The rating reduction is void ab initio due to lack of proper consideration and application of the applicable regulations.
- Claimed conditions
- memory loss, TBI
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- January 10, 2022
- Citation
- 22001267
Veterans Law Judge
Decisions by this judge: 2,287 · Granted: 23% (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 22001267.
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 service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Remanded (sent back)
The Veteran's eligibility for the VA Program of Comprehensive Assistance for Family Caregivers (PCAFC) is being remanded because the decision was based on incomplete medical evidence and did not consider all available records.
- Denied
The Veteran's claim for SMC based on aid and attendance is denied as the effective date cannot be prior to November 9, 2017.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error regarding the etiology of memory and concentration problems, which were not adequately addressed in the March 2021 VA examination. The Veteran's service-connected headaches may be related to an in-service head injury, and post-service records document reported memory issues.
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.