The claim for a rating in excess of 40 percent for TBI with cognitive and sleep disorder is dismissed.,The claim for an effective date prior to June 26, 2017, for a separate evaluation for headaches, status post TBI is dismissed.,The claim for a rating in excess of 10 percent for tinnitus is denied.,The claims for effective dates prior to October 5, 2006, for the grant of service connection for breathing disability with shortness of breath and PTSD are denied.,The claims for ratings in excess of 20 percent for left shoulder and right shoulder disabilities are dismissed as they were not factually ascertainable within a year prior to June 26, 2017.,The claim for TDIU is dismissed as the Veteran's combined disability rating from June 26, 2017, already meets the criteria for a total disability rating based on individual unemployability.
The deciding factor: The Veteran has withdrawn his Legacy appeals for these issues by opting into the modernized review system under the Appeals Modernization Act (AMA).,VA received the Veteran's claims for an earlier effective date for headaches and TBI-related disabilities after he withdrew his Legacy appeal.,The Veteran's tinnitus is rated at its maximum schedular rating of 10 percent, which cannot be increased further.,The effective dates for service connection were granted on the day following separation from active duty due to the one-year rule under VA regulations.,VA received the Veteran's claims for increased ratings and earlier effective dates after he withdrew his Legacy appeals. The Board must now look back to determine if an increase in disability was factually ascertainable within a year prior to June 26, 2017.,The Veteran's service-connected disabilities do not meet the criteria for TDIU as they do not result in a combined rating of at least 70 percent.
- Claimed conditions
- Traumatic Brain Injury (TBI), Cognitive and Sleep Disorder, Posttraumatic Stress Disorder (PTSD), Breathing Disability with Shortness of Breath, Headaches (post-TBI injury), Right Shoulder Strain, Left Shoulder Strain, Right Knee Strain, Left Knee Strain, Right Ankle Strain, Left Ankle Strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2023
- Citation
- 23055322
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 23055322.
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 PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
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