The Veteran's claim for an earlier effective date for the award of service connection and a 10 percent rating for TBI residuals was denied. The effective date assigned in the August 2010 rating decision is October 23, 2008.
The deciding factor: The effective date for the grant of service connection and assignment of a 10 percent rating for TBI residuals is set at October 23, 2008 due to the implementation of new regulations on brain disease due to trauma or TBI under Diagnostic Code 8045.
- Claimed conditions
- Migraine Headaches, Traumatic Brain Injury (TBI) Residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 23, 2013
- Citation
- 1327103
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. Read the original VA decision (opens in a new tab) using citation 1327103.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's 50% disability rating for migraine headaches was restored as the evidence did not show actual improvement in his ability to function under ordinary conditions of life and work.
- Whole decision: Granted
The Veteran's migraine headaches are rated at a 50 percent rating, effective December 3, 2021, due to frequent and severe attacks that significantly impact his ability to work.
- Whole decision: Granted
The Veteran's service-connected PTSD alone is sufficient to grant a TDIU, and his other service-connected disabilities are at least 60% combined. The Veteran also meets the criteria for SMC based on housebound status.
- Whole decision: Dismissed
The Veteran's appeal for an increased rating of erectile dysfunction was dismissed. A rating of 50 percent, and no higher, for migraines is granted. An initial rating of 30 percent, and no higher, for IBS is granted. Service connection for hypertension is remanded.
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