The Veteran's claim for service connection for a traumatic brain injury (TBI) and an initial evaluation in excess of 10 percent for tinnitus is denied. The Board found no current diagnosis of TBI or head injury, and the maximum schedular rating for recurrent tinnitus has already been assigned.
The deciding factor: The Veteran did not have a current diagnosis of TBI or any other head injury during service or at any time since filing his claim, and there was no evidence to support reopening the case on new evidence. The Veteran's tinnitus is rated as 10 percent disabling based on recurrent symptoms.
- Claimed conditions
- Traumatic Brain Injury (TBI), Head injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 15, 2019
- Citation
- 19103426
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 granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Veteran's effective date for the award of a 100 percent rating for PTSD with alcohol use disorder moderate and TBI was granted as of October 22, 2019.
- Denied
The Board denied the claims for service connection for a facial injury, head injury, and left thumb injury as there was no evidence of current disability or functional impairment. The claims for GERD, squamous mucosa, migraine headaches, and hypertension were remanded for further development.
- Denied
The Board denied earlier effective dates for the grant of service connection and increased evaluations for GERD, sinusitis, allergic rhinitis, and TBI.
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