The Veteran's claims for service connection for various conditions were denied, and the Board found no basis to assign an earlier effective date.
The deciding factor: The evidence did not show current diagnosed disabilities of back, shoulder, right knee, right ankle, head injury, jaw, or scar conditions at the time of the December 2014 rating decision. The Veteran's claims were final due to lack of timely notice of disagreement and new and material evidence within a year of the December 2014 rating decision.
- Claimed conditions
- Posttraumatic Stress Disorder with Traumatic Brain Injury (PTSD/TBI), Headaches, Right Shoulder Strain and Tendonitis, Degenerative Arthritis and Intervertebral Spine Disease of Lumbar Spine (Lumbar Spine Disability), Right Knee Instability Status Post-Surgical Repair, Right Knee Limitation of Motion, Right Ankle Lateral Collateral Ligament Strain (Right Ankle Disability), Residual Scars, Temporomandibular Joint Dysfunction (TMJ)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2023
- Citation
- 23058621
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 23058621.
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.
- 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.
- Granted
The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.
- Granted
The Veteran's headaches, which manifested as very frequent and prolonged attacks causing severe economic inadaptability, are granted a 50 percent disability rating for the entire period on appeal.
- Remanded (sent back)
The Veteran seeks an earlier effective date for a 30 percent disability rating for his service-connected headaches, which was awarded with a noncompensable rating at 0 percent. The Board is remanding the claim due to inadequate examination and the need for a new VA examination to evaluate the severity of the Veteran's headaches without considering the ameliorating effects of any medication.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.