The Board has dismissed the Veteran's appeals regarding earlier effective dates for PTSD, migraine headaches, and vertigo due to TBI as they are not appealable decisions.
The deciding factor: The February 2021 rating decision was a purely ministerial implementation of the prior February 2021 Board decision and thus cannot be appealed.
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD) with depressed mood, Traumatic Brain Injury (TBI) with cognitive disorder, Migraine headaches due to TBI, Vertigo due to TBI
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 14, 2024
- Citation
- A24046700
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 A24046700.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Veteran is requesting an earlier effective date for the grant of service connection for TBI with cognitive disorder associated with closed head injury based on clear and unmistakable error (CUE). The Board has determined that this matter should be remanded to allow the AOJ to conduct a first-instance adjudication.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate compliance with prior remand directives and insufficient examination reports. The Veteran's claim for a separate rating for residuals of TBI with cognitive disorder is being returned for further development.
- Remanded (sent back)
The Board has remanded the Veteran's claim for a rating increase for PTSD with sleep problems and TBI to include cognitive disorder, as well as his TDIU claim due to lack of medical records from his incarceration period. The claims are now pending for further evaluation.
- Remanded (sent back)
The Board has determined that a remand is necessary to consider additional VA treatment records and obtain updated VA examination reports, as well as any relevant records from the Rochester Vet Center. The issue of whether discontinuance of the separate rating for TBI residuals with cognitive disorder was proper will be addressed in the Supplemental Statement of the Case.
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