The veteran's claim for an increased rating for chronic brain syndrome was denied as the condition did not meet the criteria for a higher evaluation.
The deciding factor: The evidence did not show that the service-connected CBS was manifested by a disability picture reflective of more than occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks.
- Claimed conditions
- chronic brain syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2009
- Citation
- 0902532
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 claim for service connection for sleep apnea, finding that there was no evidence of a relationship between his active duty service and his current condition. The Board also found that secondary service connection based on chronic brain syndrome and PTSD could not be granted.
- Remanded (sent back)
The Veteran's appeal is remanded for further development regarding the rating of his chronic brain syndrome and residuals of a right calcaneus fracture with post-traumatic changes, as well as entitlement to TDIU. An earlier effective date of July 19, 2006 is granted for the 50 percent rating currently assigned for chronic brain syndrome.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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