The Veteran's TBI with headaches and earaches was found to be manifested by moderate symptoms prior to October 23, 2008. From that date forward, the Veteran's TBI has been manifested by mild cognitive impairment without a diagnosis of a purely neurological disability such as hemiplegia or facial nerve paralysis.
The deciding factor: The VA examination reports from February 2008 and May 2015 did not provide a diagnosis of a purely neurological disability associated with the Veteran's TBI, thus precluding application of Diagnostic Code 8045-8911 for such disabilities. The Veteran's symptoms were rated under Diagnostic Code 9304 (headaches) at 10 percent.
- Claimed conditions
- headaches, dizziness, sleep disturbance, fatigue, loss of balance, clumsiness, mild slowed thinking, moderately decreased concentration and attention, delayed reaction time, photosensitivity, irritability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 3, 2016
- Citation
- 1622421
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 1622421.
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 Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's claim for service connection for headaches was reopened due to new and material evidence, and the Board found that his current headaches are related to service. Service connection is granted.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.