The Board has determined that the veteran's service-connected traumatic encephalopathy and compound fracture of the left humerus do not warrant increased evaluations.
The deciding factor: The evidence does not meet the criteria for a higher evaluation under applicable diagnostic codes.
- Claimed conditions
- Traumatic Encephalopathy, Compound Fracture of the Left Humerus with Atrophy and Limitation of Extension of Elbow
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 7, 2008
- Citation
- 0838601
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. Search VA.gov for the original decision (opens in a new tab) using citation 0838601.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's service-connected PTSD with TBI and traumatic encephalopathy, along with other nonservice-connected conditions, necessitates the need for regular aid and attendance of another person. The Board has determined that this meets the criteria for SMC based on aid and attendance.
- Whole decision: Granted
The Veteran's traumatic encephalopathy has been rated at 40 percent since September 10, 2012. Before that date, the evidence supports a 40 percent rating based on consistent cognitive impairment.
- Whole decision: Granted
The Board has granted a 70 percent rating for traumatic encephalopathy effective from the date of the remand, January 15, 2009.
- Whole decision: Denied
The Board denied the veteran's claims for increased evaluations for his service-connected traumatic encephalopathy and compound fracture of the left humerus, finding that the evidence did not warrant an increase in disability ratings.
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