The veteran's service-connected residuals of a traumatic head injury are rated as brain disease due to trauma (Diagnostic Code 8045). The VA examiner found no objective findings of chronic, identifiable neurologic pathology such as hemiplegia, epileptiform seizures, or facial nerve paralysis. As the residuals are primarily subjective in nature, the currently assigned 10 percent rating is the highest schedular rating available for that disability.
The deciding factor: The veteran's service-connected residuals of a traumatic head injury do not meet the criteria for an increased evaluation as there is no objective evidence of chronic neurologic pathology such as hemiplegia, epileptiform seizures, or facial nerve paralysis. The currently assigned 10 percent rating is the highest schedular rating available.
- Claimed conditions
- post-traumatic head injury syndrome with cerebellar atrophy and calcification
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 17, 2008
- Citation
- 0843586
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 0843586.
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