The Board has restored the Veteran's TBI rating from noncompensable to 10 percent, effective June 22, 2015. The reduction was improper as it did not consider whether there was actual improvement in the Veteran's ability to function under ordinary conditions of life and work.
The deciding factor: The AOJ failed to make a specific determination that there was an actual improvement in the Veteran's ability to function under the ordinary conditions of work and life, despite finding some overlap between TBI symptoms and anxiety disorder.
- Claimed conditions
- TBI
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 13, 2023
- Citation
- 23056083
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 23056083.
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.
- 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.
- Denied
The Board has denied service connection for TBI, back strain, chest pain, foot pain, and tendonitis as there is no evidence of disease or injury incurred during active duty or training.
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