The Board denied the Veteran's claim for an earlier effective date prior to May 31, 2005 for service connection for a cognitive disorder and major depression due to CUE in a June 1973 rating decision. The Board found that while there was evidence of mental impairment at the time, it was not separately evaluated as a residual of viral encephalitis.
The deciding factor: The RO did not adequately consider mental function as a residual of viral encephalitis when evaluating the Veteran's cognitive and psychiatric symptoms in June 1973.
- Claimed conditions
- Cognitive Disorder Not Otherwise Specified, Major Depression
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2021
- Citation
- 21066043
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 21066043.
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.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for PTSD, Major Depression, and Panic Disorder due to his withdrawal of these issues prior to a decision being made.
- Denied
The Veteran's acquired psychiatric disorder, including PTSD and depression, is rated at 70 percent. The Board denied an initial evaluation in excess of 70 percent.
- Denied
The Veteran's service-connected major depression and anxiety disorder are considered part of his service-connected peripheral neuropathy, which already qualifies him for SMC(l). Therefore, he is not eligible for a higher rate of SMC.
- Granted
The Board has granted service connection for PTSD with major depression, finding that the Veteran's symptoms are related to his military service and resolving all reasonable doubt in favor of the claimant.
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