The Veteran's TBI with residuals of chronic tension headaches is rated at 10 percent prior to June 18, 2018 and at 40 percent after that date. The Veteran's migraine headaches are currently rated at 30 percent from April 3, 2017 and at 50 percent from June 18, 2018.
The deciding factor: The evidence did not meet the criteria for a higher rating under Diagnostic Code 8045 (TBI) or Diagnostic Code 8100 (migraine headaches).
- Claimed conditions
- Traumatic Brain Injury (TBI), Chronic Tension Headaches, Migraine Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 24, 2019
- Citation
- 19131816
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 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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