The Board denied the Veteran's claim for an earlier effective date of May 12, 2021 for a 70 percent rating for service-connected TBI with residuals.,The Board dismissed the Veteran's claim for an earlier effective date prior to December 21, 2020 for the grant of service connection for TBI with residuals as it was not timely appealed.
The deciding factor: The increase in severity of the Veteran's TBI with residuals did not occur within one year prior to May 12, 2021, and therefore, an earlier effective date is not factually ascertainable.,The April 2021 rating decision granted service connection for a TBI with residuals effective December 21, 2020. The Veteran did not timely request review of the effective date assigned for the grant of service connection.
- Claimed conditions
- Traumatic Brain Injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- November 12, 2024
- Citation
- A24073838
Veterans Law Judge
Decisions by this judge: 915 · Granted: 38% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24073838.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for a traumatic brain injury (TBI) and its residuals, including unsteady gait, somnolence, and cognitive dysfunction. The decision is based on the Veteran's credible lay statements about in-service head injuries and subsequent seizures.
- Denied
The Board has determined that the Veteran does not have a current diagnosis of Traumatic Brain Injury (TBI) and therefore, service connection for TBI is denied.
- Granted
The Veteran's claim for special monthly compensation based on aid and attendance due to service-connected TBI with PTSD is granted, effective September 6, 2018.
- Granted
The Veteran's claim for special monthly pension (SMP) based on the need for aid and attendance is granted due to his cognitive impairment resulting from a motor vehicle accident in 2018, which has rendered him unable to work and needing assistance with daily activities.
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