The Veteran's TBI-related conditions, including post concussion syndrome with cognitive disorder and personality changes, headaches, insomnia, anosmia (complete loss of sense of smell), and disequilibrium, have been rated as 50 percent disabling since September 1, 2003. Since October 23, 2008, the Veteran's TBI-related conditions have not warranted a higher rating.
The deciding factor: The Veteran's TBI-related conditions do not meet the criteria for a higher disability rating under the revised criteria for evaluating residuals of traumatic brain injury (TBI).
- Claimed conditions
- Post Concussion Syndrome, Cognitive Disorder with Personality Changes, Headaches, Insomnia, Anosmia (Complete Loss of Sense of Smell), Disequilibrium
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 8, 2010
- Citation
- 1033674
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 1033674.
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 denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.
- Granted
The Veteran's headaches, which manifested as very frequent and prolonged attacks causing severe economic inadaptability, are granted a 50 percent disability rating for the entire period on appeal.
- Remanded (sent back)
The Veteran seeks an earlier effective date for a 30 percent disability rating for his service-connected headaches, which was awarded with a noncompensable rating at 0 percent. The Board is remanding the claim due to inadequate examination and the need for a new VA examination to evaluate the severity of the Veteran's headaches without considering the ameliorating effects of any medication.
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