The Board granted the Veteran's motion to revise the August 2015 rating decision that denied service connection for traumatic brain injury (TBI) on the basis of clear and unmistakable error.
The deciding factor: The July 2015 VA opinion did not properly apply the provisions of 38 U.S.C. § 1154(b), which manifestly changed the outcome of the decision, such that service connection would have been granted but for the error.
- Claimed conditions
- traumatic brain injury (TBI)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 13, 2025
- Citation
- A25042906
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.
- Granted
The Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Dismissed
The veteran's appeal requests for service connection and increased ratings were denied due to untimeliness, as the appeals were not filed within one year of the respective rating decisions.
- Denied
The Board denied service connection for various conditions, including bilateral plantar fasciitis, chronic pain syndrome, sciatic radicular pain of both legs, traumatic brain injury (TBI), shin splints of both legs, thoracic spondylosis, right shoulder strain, right wrist strain, acne, and allergic rhinitis.
- Remanded (sent back)
The Board remands the service connection claim for a traumatic brain injury to ensure that VA's duty to assist is followed and that the Veteran is afforded every possible consideration.
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