The Veteran's initial disability rating for the residuals of TBI from March 24, 2009 is denied. The Board found that the criteria for a compensable initial disability rating are not met or more nearly approximated as there were no complaints of impairment in memory, attention, concentration, or executive functions; normal judgment; always oriented to person, time, place, and situation; normal motor activity; normal visual spatial orientation; and normal ability to communicate by spoken and written language. The Veteran's symptoms of chronic dizziness, vertigo, and imbalance as well as the diagnosis of SSCD are not related to the TBI residuals from the in-service December 1998 motor vehicle accident.
The deciding factor: The Board found that the criteria for a compensable initial disability rating for the TBI residuals were not met or more nearly approximated due to the absence of complaints and symptoms associated with cognitive impairment, as well as the lack of relationship between the SSCD diagnosis and the service-connected TBI.
- Claimed conditions
- Cognitive impairment and other residuals of traumatic brain injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2019
- Citation
- 19175872
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
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