The Veteran's appeal was denied as his claim for an initial rating in excess of 10 percent for residuals of traumatic brain injury and for an effective date prior to January 21, 2009, for the grant of service connection for residuals of traumatic brain injury were both found not merited. The issue regarding clear and unmistakable error in a May 2004 rating decision that denied service connection for PTSD was referred to the RO.
The deciding factor: The Veteran's claim for an initial rating in excess of 10 percent for residuals of traumatic brain injury did not meet the criteria set forth in the Rating Schedule, and his claim for an effective date prior to January 21, 2009, was denied as it is unclear whether he had a service-connected disability at that time.
- Claimed conditions
- residuals of traumatic brain injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 8, 2011
- Citation
- 1129085
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 1129085.
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.
- Granted
The Veteran's claim for service connection for anxiety has already been granted, as the RO has already granted service connection for major depressive disorder and residuals of traumatic brain injury, which encompasses the entire appeal period.
- Granted
The Board has granted service connection for heart murmur and allergic rhinitis, finding the current conditions are related to service. Service connection was denied for headaches and residuals of traumatic brain injury due to lack of evidence linking these conditions to service.
- Denied
The Board denied the Veteran's claims for service connection for residuals of traumatic brain injury, migraine headaches as secondary to residuals of traumatic brain injury, cyclic vomiting syndrome as secondary to residuals of traumatic brain injury, and anxiety disorder as secondary to residuals of traumatic brain injury. The Board found that there was no current diagnosis of residuals of traumatic brain injury and the Veteran's symptoms were more likely related to her psychological conditions.
- Remanded (sent back)
The Veteran's eligibility for the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is being remanded due to a lack of explanation in the April 2021 decision regarding whether participation in the program was in his best interest. The Board finds that the Veteran requires personal care services due to disabilities including posttraumatic stress disorder, tension headaches, and others.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.