The Board denied the motion to revise or reverse on the basis of clear and unmistakable error (CUE) an August 24, 1999 rating decision that did not grant service connection for traumatic brain injury (TBI).
The deciding factor: The evidence of record at the time of the August 24, 1999 rating decision did not affirmatively establish a current disability etiologically related to active service.
- Claimed conditions
- traumatic brain injury (TBI)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2024
- Citation
- A24064250
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 service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Dismissed
The veteran's appeal requests for service connection and increased ratings were denied due to untimeliness, as the appeals were not filed within one year of the respective rating decisions.
- Denied
The Board denied service connection for various conditions, including bilateral plantar fasciitis, chronic pain syndrome, sciatic radicular pain of both legs, traumatic brain injury (TBI), shin splints of both legs, thoracic spondylosis, right shoulder strain, right wrist strain, acne, and allergic rhinitis.
- Remanded (sent back)
The Board remands the service connection claim for a traumatic brain injury to ensure that VA's duty to assist is followed and that the Veteran is afforded every possible consideration.
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