The appeal for a higher rating for TBI-related conditions and the awards of service connection for migraine headaches and Bell's Palsy secondary to TBI are dismissed. The effective dates for these awards cannot be earlier than August 27, 2012 due to finality of prior decisions. A TDIU is denied as there were no pre-August 27, 2012 service-connected disabilities. An effective date prior to August 27, 2012 for DEA benefits is also denied.
The deciding factor: The appeals are dismissed due to the Veteran's withdrawal of his appeal and finality of previous decisions. The awards cannot be earlier than the effective dates established in those decisions.
- Claimed conditions
- Traumatic Brain Injury, Unspecified Neurocognitive Disorder, Recurrent Major Depressive Disorder with Psychotic Features
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- February 1, 2022
- Citation
- 22005259
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 22005259.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's initial ratings for anxiety disorder and TBI were denied as the evidence did not meet the criteria for a higher rating.
- Remanded (sent back)
The Veteran's appeal for an initial disability rating in excess of 10 percent for service-connected traumatic brain injury is being remanded due to a procedural error.
- Granted
The Board granted entitlement to SMC under 38 U.S.C. § 1114(t) effective January 21, 2019, based on the appellant's need for regular aid and attendance due to his service-connected TBI.
- Denied
The Veteran's claim for a rating in excess of 70 percent for TBI is denied. The appeal for entitlement to TDIU is dismissed as moot.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.