The Veteran's TBI claim was denied as there were no subjective symptoms or physical findings that would warrant a compensable rating.,The Veteran's scar of the scalp and scar of the lower left leg both received noncompensable ratings, with no evidence of disabling effects not considered under other diagnostic codes.
The deciding factor: The VA examination did not find any objective evidence of impairment in memory, attention, concentration, or executive functions related to the TBI. The Veteran's subjective symptoms were minimal and not severe enough to warrant a higher rating.,For the scars, there was no visible or palpable tissue loss, gross distortion, asymmetry, or characteristics of disfigurement that would meet the criteria for a 30 percent rating under DC 7800. The scar on the scalp did not cover an area greater than 6 square inches and the scar on the lower left leg was stable with no associated symptoms.
- Claimed conditions
- Traumatic Brain Injury (TBI), Scars of the scalp, Scar of the lower left leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2020
- Citation
- 20000294
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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