The Veteran's claims for higher ratings for a mild traumatic brain injury (TBI) and migraine headaches have been denied. The TBI claim is denied as the criteria are not met for an initial rating in excess of 10 percent prior to January 19, 2011 or a rating in excess of 40 percent from that date. The migraine headache claim is also denied as the criteria are not met for a rating in excess of 30 percent.
The deciding factor: The Veteran's TBI has been rated based on its cognitive and other residual effects, but does not meet the criteria for higher ratings under the revised Diagnostic Code 8045 effective October 23, 2008. The migraine headaches have also not met the criteria for a rating in excess of 30 percent.
- Claimed conditions
- mild traumatic brain injury (TBI), mild cognitive deficits, multi-infarct dementia associated with brain trauma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 23, 2013
- Citation
- 1323458
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 1323458.
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 Veteran's disability rating for mild traumatic brain injury (TBI) was improperly reduced from 40 percent to 0 percent. The Board has restored the 40 percent rating effective February 1, 2018.
- Denied
The Board denied the veteran's appeal to restore a 40 percent disability rating for mild TBI, effective January 1, 2023. The reduction was deemed proper due to the veteran's failure to attend scheduled examinations.
- Remanded (sent back)
The Veteran's claim for a higher disability rating for his mild traumatic brain injury (TBI) prior to August 31, 2020 is being remanded due to the need for a retrospective medical opinion.
- Remanded (sent back)
The Board has remanded the case due to non-compliance with prior remand directives and insufficient medical opinions regarding the severity of the Veteran's TBI prior to August 31, 2020. The Veteran was not given an opportunity to be interviewed by the examiner.
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