An earlier effective date for the grant of service connection for residuals of TBI is denied.,A 50% rating, but no higher, for migraine residuals of a traumatic brain injury from June 18, 2007 to October 23, 2008 is granted.,An increased rating of 70%, but no higher, for service-connected residuals of TBI from October 23, 2008 to August 25, 2010 is granted.,A 100% rating for service-connected residuals of TBI beginning August 26, 2010 is granted.
The deciding factor: The Veteran's claim for an earlier effective date for the grant of service connection for residuals of TBI was denied as there were no communications prior to June 18, 2007 reflecting intent to file a claim.,The Veteran’s migraines are rated under DC 8100 and warrant a 50% rating due to very frequent completely prostrating and prolonged attacks that produce severe economic inadaptability.,From October 23, 2008 to August 25, 2010, the Veteran's cognitive, behavioral, and emotional residuals of TBI are rated under DCs 8045 and 9435. The rating is based on total occupational and social impairment.,Beginning August 26, 2010, the Veteran’s cognitive, behavioral, and emotional residuals of TBI are rated under DCs 8045 and 9435. The rating is also based on total occupational and social impairment.
- Claimed conditions
- Traumatic Brain Injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- April 23, 2019
- Citation
- 19131282
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 earlier effective dates for the grant of service connection and increased evaluations for GERD, sinusitis, allergic rhinitis, and TBI.
- Denied
The Board denied an initial compensable disability rating for the Veteran's service-connected traumatic brain injury (TBI) as the evidence did not support a finding of symptoms related to TBI residuals.
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