The Veteran's initial rating for TBI prior to June 21, 2016 was granted at a 10 percent level. From June 21, 2016 onwards, the increased rating request for TBI was denied.
The deciding factor: The medical evidence did not demonstrate significant cognitive impairment or other residuals of TBI that would warrant an increase in the disability rating beyond 10 percent from June 21, 2016.
- Claimed conditions
- Traumatic Brain Injury (TBI), Depression, Anxiety Disorder, Seizures/Epilepsy, Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 28, 2020
- Citation
- 20006367
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.
- Partly granted
The Board granted service connection for multiple myeloma, back disability (secondary to multiple myeloma), and depression, with an effective date of January 26, 2021. The decision also remanded claims related to breast cancer, DEA benefits, and initial ratings.
- Denied
The veteran's bad conduct discharge precludes eligibility for VA benefits, including compensation and healthcare.
- Remanded (sent back)
The Board remands the claim for an acquired psychiatric disorder, to include posttraumatic stress disorder, depression, and personality disorder, due to the need for further development of the record.
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