The Veteran's TBI and persistent depressive disorder are rated at the highest available level of disability.,No effective date earlier than June 22, 2017 is granted for any of the claims.
The deciding factor: The May 2018 VA examiner incorrectly determined that a TBI was not shown in the record review, leading to pyramiding and resulting in both ratings being at their highest level.
- Claimed conditions
- Traumatic Brain Injury (TBI), Persistent Depressive Disorder, Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- October 26, 2022
- Citation
- 22060121
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 22060121.
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.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- 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 service connection for persistent depressive disorder with anxious distress was granted, effective January 17, 2024. The Board has now granted an earlier effective date of May 31, 2019.
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