The Board denied an earlier effective date for a separate rating of TBI residuals and also denied the claim for increased rating, finding that the earliest allowable effective date is May 27, 2009.
The deciding factor: The effective date for a separate rating of TBI residuals cannot be earlier than October 23, 2008 due to the revision in criteria for evaluating TBI residuals. The claim arose after this effective date and no evidence showed an increase in disability within one year prior to the May 27, 2010 claim.
- Claimed conditions
- Traumatic Brain Injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- May 26, 2020
- Citation
- 20036714
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 20036714.
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.
- 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.
- Denied
The Board has determined that the Veteran does not have a current diagnosis of Traumatic Brain Injury (TBI) and therefore, service connection for TBI is denied.
- Granted
The Veteran's claim for special monthly compensation based on aid and attendance due to service-connected TBI with PTSD is granted, effective September 6, 2018.
- Granted
The Veteran's claim for special monthly pension (SMP) based on the need for aid and attendance is granted due to his cognitive impairment resulting from a motor vehicle accident in 2018, which has rendered him unable to work and needing assistance with daily activities.
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