The Veteran's claim for compensation under 38 U.S.C. § 1151 for facial scars, pain, sinus problems, and a broken nose is dismissed. The Veteran's TBI and associated psychiatric conditions are denied an increased rating.
The deciding factor: The Board found that the claims were not properly adjudicated by the AOJ and lacked jurisdiction to review them due to potential jurisdictional defects.
- Claimed conditions
- Facial Scars, Pain, Sinus Problems, Broken Nose
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 21, 2023
- Citation
- 23046299
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 23046299.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's claim for service connection for Posttraumatic Stress Disorder is granted. The appeal regarding the broken nose and its residuals is remanded.
- Denied
The Veteran's eligibility to enroll in the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is denied because he does not require personal care services due to an inability to perform ADLs or a need for supervision, protection, or instruction. The Board found that the evidence shows the Veteran is generally independent and able to complete his ADLs without hands-on assistance.
- Remanded (sent back)
The Board has determined that there was a pre-decisional duty to assist error and the case is being remanded for an adequate medical decision regarding eligibility for PCAFC benefits.
- Partly granted
The Board granted an effective date of April 30, 2020, for the award of service connection for adjustment disorder with depressed mood and denied increased ratings for left foot cuneiform fracture, left lower extremity anterior tibial (deep peroneal) nerve impairment, and facial scars.
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