The Board denied the Veteran's claim for TDIU prior to August 28, 2009, finding that his service-connected disabilities did not prevent him from securing and following substantially gainful employment during this period.
The deciding factor: The Veteran’s service-connected disabilities, including post-concussive headaches, were found to be of such severity as to allow for substantial gainful employment prior to August 28, 2009.
- Claimed conditions
- Post-concussive headaches, Residuals of traumatic brain injury (scar residual of the fractured right orbit, paresis of the mandibular division of the right trigeminal nerve, scar and slight residuals of fractured right orbit), Chronic rhinitis associated with scar residual of the fracture right orbit
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2019
- Citation
- 19177939
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.
- Partly granted
The Board granted earlier effective dates for service connection of bilateral hearing loss, tinnitus, PTSD with TBI, and post-concussive headaches. Service connection was denied for gulf war syndrome.
- Partly granted
The Board denied service connection for TBI and higher ratings for various conditions but remanded decisions on the effective date for left lower extremity radiculopathy and rating for IVDS.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the current severity of the Veteran's post-concussive headaches and for obtaining updated VA treatment records. The Veteran is seeking increased ratings for his TBI and post-concussive headaches.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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