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
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Veteran was granted a disability rating of 70 percent for posttraumatic stress disorder and major depressive disorder, effective October 24, 2017. The Board also granted a total disability rating based on individual unemployability due to service-connected disabilities.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disability due to the need for a more comprehensive medical examination and opinion.
- Granted
The Veteran's effective date for the award of a 100 percent rating for PTSD with alcohol use disorder moderate and TBI was granted as of October 22, 2019.
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.