The Veteran's claim for an effective date prior to December 4, 2009, for a 40 percent rating for TBI with migraine headaches (previously Cephalgia) as residuals of a GSW to the skull is dismissed.
The deciding factor: The earliest correspondence indicating intent to file a claim was in January 2002, and the Veteran did not submit new and material evidence within one year of the October 2007 rating decision denying an increased rating for his service-connected scalp scar and headaches (previously rated as Cephalgia).
- Claimed conditions
- Scalp Scar, Migraine Headaches (previously rated as Cephalgia)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 27, 2023
- Citation
- 23062491
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 23062491.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Veteran's service-connected disabilities do not limit or prevent participation in the avocational interests of exercise, photography, and music. The Board denied the request for VR&E benefits to purchase a music keyboard, stationary and electric bicycles, and camera as part of his avocational activities.
- Remanded (sent back)
The Board has determined that the Veteran's claims for increased ratings are remanded due to inadequate VA examinations, and no rating assigned.
- Granted
The Veteran's service-connected disabilities, including Major Depression, TBI, Posttraumatic Headaches, Right Patellar Tendonitis, Scalp Scar, Left Patellar Tendonitis, and Gastroesophageal Reflux Disease (GERD), have rendered him unable to secure or maintain substantially gainful employment. The Board has granted a total disability rating based on individual unemployability.
- Remanded (sent back)
The Veteran's claims for TBI and associated scalp scar are being remanded due to the need for additional VA examination.
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.