The Veteran's claim for a TDIU based on service-connected residuals of traumatic brain injury is dismissed because the matter is not under the Board's jurisdiction.
The deciding factor: The Veteran's attorney filed a Decision Review Request, and the agency of original jurisdiction must review this case under Higher-Level Review.
- 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
- November 17, 2020
- Citation
- 20073526
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- 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The appeal for an increased initial rating for residuals of traumatic brain injury and migraine headaches was withdrawn by the Veteran before a decision was made.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.