The Board denied the request to reopen the previously denied claim of entitlement to service connection for traumatic brain injury (TBI) as new and material evidence was not submitted. The claim for right ear hearing loss was remanded for further development.
The deciding factor: The additional evidence received since the June 2012 determination did not provide competent and probative evidence to support the Veteran's contentions that she has a current TBI disability related to service, thus failing to meet the requirements for reopening the claim. The VA opinion regarding right ear hearing loss was found inadequate.
- Claimed conditions
- Traumatic Brain Injury (TBI), Right Ear Hearing Loss
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2024
- Citation
- 24004629
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.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Veteran's effective date for the award of a 100 percent rating for PTSD with alcohol use disorder moderate and TBI was granted as of October 22, 2019.
- Denied
The Board denied earlier effective dates for the grant of service connection and increased evaluations for GERD, sinusitis, allergic rhinitis, and TBI.
- Partly granted
The Board denied the veteran's claims for increased ratings and service connection, except for a 20 percent rating for lumbosacral strain.
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