The Veteran's claim for service connection for the residuals of traumatic brain injury was denied in April 2009. The Board found no CUE and thus denied the request for an earlier effective date.
The deciding factor: The March 2009 VA examiner provided a negative nexus opinion regarding the link between the Veteran's TBI and his current symptoms, which formed the basis of the denial in April 2009. The Board found that this decision was not based on CUE as new evidence from November 2017 did not change the outcome.
- 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
- October 28, 2020
- Citation
- A20016173
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 Board denied service connection for residuals of a traumatic brain injury as the evidence did not establish current TBI residuals.
- Partly granted
The Board granted an initial disability rating of 10 percent for the Veteran's service-connected left forehead scar and denied service connection for anxiety (acquired psychiatric disorder). The claim for service connection for residuals of a traumatic brain injury was remanded.
- Granted
The Veteran is granted special monthly compensation based on aid and attendance due to residuals of traumatic brain injury.
- Dismissed
The appeal for an increased initial rating for residuals of traumatic brain injury and migraine headaches was withdrawn by the Veteran before a decision was made.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.