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
- Not verified here — check the original decision
- Decision date
- October 10, 2019
- Citation
- 19177939
Veterans Law Judge
Decisions by this judge: 2,011 · Granted: 24% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Read the original VA decision (opens in a new tab) using citation 19177939.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's post-concussive headaches have been rated at the maximum schedular rating of 50 percent throughout the appeal period.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: Granted
The Veteran's post-concussive headaches are rated at 50 percent since January 31, 2013. The claim for a higher rating is granted prior to August 13, 2020 and denied from that date onwards.
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