The Board denied requests for earlier effective dates for service connection of Traumatic Brain Injury and a neck disability, finding that the earliest diagnoses occurred in April 1973 and April 2001 respectively, and thus the earliest date entitlement arose. The effective dates were set at March 17, 2016, for TBI, and February 24, 2012, for neck disability.
The deciding factor: The Board found that the earliest diagnoses of Traumatic Brain Injury (TBI) and a neck disability occurred in April 1973 and April 2001 respectively, which is when entitlement to service connection arose.
- Claimed conditions
- Traumatic Brain Injury (TBI), Disk herniation's C3-C4, C4-C5, and C5-C6 (neck disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 16, 2023
- Citation
- 23010028
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. Read the original VA decision (opens in a new tab) using citation 23010028.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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