The Board granted service connection for traumatic brain injury residuals, to include residual scars, finding that the evidence is in equipoise as to whether these residuals originated during active service.
The deciding factor: The Board found an in-service incurrence and a current disability, with significant probative weight given to the VA examiner's opinion despite its reliance on an inaccurate factual premise.
- Claimed conditions
- traumatic brain injury residuals, to include residual scars
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 18, 2024
- Citation
- 24002635
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 an increased rating for traumatic brain injury residuals and service connection for a right eye disability.
- Dismissed
The appeal is dismissed due to the Veteran's death before a decision was promulgated by the Board of Veterans' Appeals.
- Granted
The Board granted service connection for posttraumatic stress disorder, major depressive disorder, traumatic brain injury residuals, and migraine headaches.
- Dismissed
The appeal for a compensable rating for both migraine headaches and traumatic brain injury residuals was dismissed due to the Veteran's death during the pendency of the appeal.
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