The Board denied the veteran's claims for a compensable evaluation for a scar of the left buttock, service connection for headaches as post-concussion syndrome/seizure disorder, an increased rating for his neck disability, and an initial rating greater than 30 percent for PTSD. The effective date for the total disability rating based on individual unemployability was denied.
The deciding factor: The February 1971 rating decision did not consider the correct facts at that time due to a misidentification of the location of the shell fragment wound, and thus it is clear and unmistakable error. The medical evidence does not support service connection for headaches as post-concussion syndrome/seizure disorder or PTSD.
- Claimed conditions
- headaches as a residual of service-connected cervical spine disability, scar of the left buttock
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 26, 2004
- Citation
- 0405400
Veterans Law Judge
Decisions by this judge: 1,467 · Granted: 18% (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 0405400.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has dismissed the claim of entitlement to a TDIU due to withdrawal by the Veteran's accredited representative. The remaining issues have been remanded for further development and consideration.
- Denied
The Veteran's claim for a compensable disability rating for his scar of the left buttock was granted. However, his attempt to reopen his service connection claim for a spinal disorder was denied.
- Denied
The Board denied an increased rating for a service-connected scar of the left buttock, finding that the evidence did not meet criteria for a compensable evaluation.
- Remanded (sent back)
The Board has remanded the case for further action, including obtaining recent medical records and a VA examination to determine the current severity of the service-connected left hip disorder and scar of the left buttocks.
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