The Veteran's claim for an increased rating in excess of 100 percent for TBI with neurocognitive disorder, arachnoid cyst, and PTSD is dismissed. The claim for a compensable rating for the lumbar spine scar is also dismissed.
The deciding factor: The Veteran has already been awarded a 100 percent schedular rating for his service-connected TBI with neurocognitive disorder, arachnoid cyst, and PTSD, which covers the entire appeal period. For the lumbar spine scar claim, the evidence does not support an increased rating under any applicable criteria.
- Claimed conditions
- Traumatic Brain Injury (TBI), Neurocognitive Disorder, Arachnoid Cyst, Posttraumatic Stress Disorder (PTSD), Lumbar Spine Scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 26, 2023
- Citation
- 23067431
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 23067431.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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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