The Veteran's TBI residuals are rated at 10 percent since May 21, 2012. The RO denied an initial evaluation in excess of 10 percent for the period from May 21, 2012 to January 4, 2015. The spinal cord injury with chronic decompensated back and lumbosacral spondylolysis remains under review.
The deciding factor: The Veteran's TBI residuals do not meet the criteria for an initial evaluation in excess of 10 percent as they are characterized by mild memory loss, no more than mildly impaired judgment, occasional inappropriate social interaction, and subjective symptoms that do not interfere with work or other daily activities.
- Claimed conditions
- Traumatic Brain Injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2018
- Citation
- 18146071
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 18146071.
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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