The Board denied the ratings claims for TBI, unspecified depressive disorder, and prostate cancer, as well as SMC under 38 U.S.C. § 1114(s) from September 26, 2014, to November 18, 2014.
The deciding factor: The relevant evidence of record does not support a higher rating for the Veteran's TBI or unspecified depressive disorder prior to and after certain dates, respectively. The Veteran's symptoms do not equate to a higher level of impairment as required by the applicable criteria.
- Claimed conditions
- Traumatic Brain Injury (TBI), Unspecified Depressive Disorder, Prostate Cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2024
- Citation
- 24032082
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 granted an effective date of March 15, 2023, for a 40 percent evaluation for service-connected prostate cancer and earlier dates for the awards of service connection for anterior and posterior trunk scars.
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.