The Veteran's claims for an effective date earlier than September 7, 2010 for the assignment of a rating in excess of 10 percent for residuals of TBI, award of TDIU, and eligibility for DEA benefits under 38 U.S.C. Chapter 35 have all been denied.,The Veteran's initial claim for an increased rating for his TBI was received on September 7, 2010, which is the earliest possible effective date for these related claims.
The deciding factor: The claims were not granted as there was no new and material evidence presented within one year of the June 1999 rating decision to support an earlier effective date.
- Claimed conditions
- Traumatic Brain Injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 2, 2022
- Citation
- 22050307
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 22050307.
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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