The appeal seeking revision of an October 1976 rating decision that assigned an initial noncompensable, or zero percent, disability rating for posttraumatic encephalopathy on the basis of clear and unmistakable error (CUE) is denied. The appeal seeking an effective date earlier than May 8, 2013, for the 70 percent disability rating for posttraumatic encephalopathy with mood disorder on the basis of equitable relief is also denied.
The deciding factor: The evidence at the time of the October 1976 rating decision did not establish CUE, and the Veteran was already in receipt of an award of service connection for posttraumatic encephalopathy at the time of issuance of VA Policy Letter 21-16-03.
- Claimed conditions
- posttraumatic encephalopathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 17, 2025
- Citation
- A25035754
Veterans Law Judge
Decisions by this judge: 1,893 · Granted: 31% (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 A25035754.
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.
- Remanded (sent back)
The Board has remanded the case due to a scheduling issue with an aid and attendance examination, which is needed to determine if the Veteran's service-connected seizure disorder renders him in need of regular aid and attendance.
- Remanded (sent back)
The Board has ordered a new examination to determine if the Veteran's service-connected posttraumatic encephalopathy, manifested by seizure disorder, renders him in need of regular aid and attendance. The examiner will assess whether his condition makes him helpless or so nearly helpless that he requires the aid of another person.
- Dismissed
The Veteran has withdrawn his appeal for an increased rating of 30 percent for migraine headaches, and the Board is dismissing this issue.
- Granted
The Veteran's migraine headaches associated with posttraumatic encephalopathy have been rated at 30 percent, which is the maximum schedular rating available for this condition.
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