The Veteran's claims for service connection for TBI and major depressive disorder have been dismissed as the May 2019 VA Form 10182 was not a valid Notice of Disagreement (NOD) filed prior to the issuance of rating decisions in August and October 2019.,The Veteran's claims for increased ratings for left shoulder bursitis with arthoplasty for rotator cuff repair with arthritis and intervertebral disc syndrome of the lumbar spine with degenerative arthritis have been dismissed as the May 2019 VA Form 10182 was not a valid NOD filed prior to the issuance of rating decisions in August and October 2019.
The deciding factor: The May 2019 VA Form 10182 did not meet the requirements for a valid notice of disagreement as it was filed before the AOJ adjudicated the issues in the April 2019 rating decision.
- Claimed conditions
- Traumatic Brain Injury (TBI), Major Depressive Disorder, Left Shoulder Bursitis with Arthoplasty for Rotator Cuff Repair with Arthritis, Intervertebral Disc Syndrome of the Lumbar Spine with Degenerative Arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2019
- Citation
- A19002460
Veterans Law Judge
Decisions by this judge: 2,092 · Granted: 42% (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 A19002460.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's major depressive disorder is found to be caused by his service-connected low back and radiculopathy disabilities, which prevent him from doing enjoyable activities and daily living tasks.
- Remanded (sent back)
The Veteran's claims for an increased rating for PTSD and TDIU are being remanded due to the need for additional development, including a new VA examination.
- Granted
The Board has determined that the Veteran's erectile dysfunction is secondary to his service-connected major depressive disorder, and thus grants service connection for this condition.
- Granted
The Board has granted service connection for a traumatic brain injury (TBI) and its residuals, including unsteady gait, somnolence, and cognitive dysfunction. The decision is based on the Veteran's credible lay statements about in-service head injuries and subsequent seizures.
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