The Board has denied the Veteran's claims for an initial rating in excess of 70 percent for TBI and for an effective date prior to October 30, 2009, for service connection for a traumatic brain injury. The Veteran's claim for an earlier effective date was not granted as there is no indication that he submitted a formal or informal claim prior to October 30, 2009.
The deciding factor: The Board found that the Veteran did not submit any communication prior to October 30, 2009, indicating intent to apply for service connection for TBI. The effective date of service connection was therefore assigned as October 30, 2009, which is when the claim was first received.
- Claimed conditions
- Traumatic Brain Injury
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2014
- Citation
- 1409280
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 1409280.
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 Veteran's initial ratings for anxiety disorder and TBI were denied as the evidence did not meet the criteria for a higher rating.
- Remanded (sent back)
The Veteran's appeal for an initial disability rating in excess of 10 percent for service-connected traumatic brain injury is being remanded due to a procedural error.
- Granted
The Board granted entitlement to SMC under 38 U.S.C. § 1114(t) effective January 21, 2019, based on the appellant's need for regular aid and attendance due to his service-connected TBI.
- Denied
The Veteran's claim for a rating in excess of 70 percent for TBI is denied. The appeal for entitlement to TDIU is dismissed as moot.
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.