The Board restored the TBI rating to 70%, effective July 1, 2019, as the reduction was improper. The CUE claim for a mental health disability and the TDIU claim were denied.
The deciding factor: The evidence did not show material improvement in the Veteran's TBI that would warrant a reduction from 70% to 40%. There was no clear and unmistakable error in the May 2018 decision, and an earlier effective date for TDIU was not warranted.
- Claimed conditions
- Traumatic Brain Injury (TBI), Mental Health Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- March 31, 2025
- Citation
- A25029343
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Veteran's effective date for the award of a 100 percent rating for PTSD with alcohol use disorder moderate and TBI was granted as of October 22, 2019.
- Denied
The Board denied earlier effective dates for the grant of service connection and increased evaluations for GERD, sinusitis, allergic rhinitis, and TBI.
- Denied
The Board denied an initial compensable disability rating for the Veteran's service-connected traumatic brain injury (TBI) as the evidence did not support a finding of symptoms related to TBI residuals.
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