The Veteran's TBI with chronic daily headaches, neuralgia of the head, and mild cognitive impairment is shown to include complaints of headaches, dizziness and loss of balance, sensitivity to light, and memory loss and loss of concentration. The Board found that more than a mild subjective cognitive or emotional/behavioral deficit equating to level 2 traumatic brain injury impairment was not demonstrated.
The deciding factor: The Veteran's symptoms did not meet the criteria for a higher rating under Diagnostic Code 8045, as his disability did not include significant cognitive impairment or other areas of dysfunction that would warrant a higher evaluation.
- Claimed conditions
- Traumatic Brain Injury, Chronic Daily Headaches, Neuralgia of the Head, Mild Cognitive Impairment
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2014
- Citation
- 1402019
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 1402019.
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.
- Denied
The Veteran's initial ratings for anxiety disorder and TBI were denied as the evidence did not meet the criteria for a higher rating.
- Remanded (sent back)
The Veteran's appeal for an initial disability rating in excess of 10 percent for service-connected traumatic brain injury is being remanded due to a procedural error.
- Granted
The Board granted entitlement to SMC under 38 U.S.C. § 1114(t) effective January 21, 2019, based on the appellant's need for regular aid and attendance due to his service-connected TBI.
- Denied
The Veteran's claim for a rating in excess of 70 percent for TBI is denied. The appeal for entitlement to TDIU is dismissed as moot.
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