The Veteran's claim for an earlier effective date for a separate evaluation of Traumatic Brain Injury (TBI) is denied. The Board found that the criteria for such an earlier effective date are not met due to the revised Diagnostic Code 8045 becoming effective on October 23, 2008.
The deciding factor: The Veteran's claim was received after the effective date of the revised Diagnostic Code 8045, which became effective on October 23, 2008. The Board found that an earlier effective date is not possible under these regulations.
- Claimed conditions
- Traumatic Brain Injury, Post-Traumatic Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2023
- Citation
- A23032054
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 A23032054.
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.
- 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.
- Granted
The Veteran's 50% disability rating for migraine headaches was restored as the evidence did not show actual improvement in his ability to function under ordinary conditions of life and work.
- 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.
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