The Veteran's TBI with memory impairment and associated chronic headaches are rated at 10 percent, which is the maximum non-compensable rating under Diagnostic Code 8045. The appeal for higher ratings has been denied.
The deciding factor: The Veteran’s residuals of TBI do not warrant a higher evaluation as they only meet criteria for a 10% disability rating based on cognitive impairment and subjective symptoms, which is the maximum non-compensable rating under Diagnostic Code 8045.
- Claimed conditions
- Traumatic Brain Injury (TBI), Memory Impairment, Chronic Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 29, 2019
- Citation
- 19181746
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 service connection for multiple conditions, including PTSD, IBS, cardiac arrhythmia, CFS, chronic headaches, chronic sinusitis, dyspnea, and fibromyalgia. The claim for bilateral pes planus was remanded.
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