The Veteran's claim for an earlier effective date for SMC based on the need for aid and attendance was denied. The Board found that March 20, 2012 is the earliest possible and appropriate effective date.,The reduction of the Veteran's TBI rating from 10 percent to noncompensable was upheld as proper. The claim for restoration of a 10 percent rating for TBI was denied.
The deciding factor: The Board found that no earlier effective date could be granted because there were no formal, informal claims or written intent to file a claim prior to March 20, 2012.,The reduction in the Veteran's TBI rating from 10 percent to noncompensable was proper as it did not impact his overall combined compensation and the symptoms used for PTSD support were also applicable to TBI.
- Claimed conditions
- Traumatic Brain Injury (TBI), Posttraumatic Stress Disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2019
- Citation
- 19142532
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.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted an effective date of February 21, 2007, for the award of service connection for PTSD and major depressive disorder with anxious distress.
- 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 Board granted a disability rating of 70 percent for PTSD and a total disability rating due to individual unemployability (TDIU) based on the Veteran's service-connected disabilities.
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