The Veteran's residuals of TBI are rated at 40 percent, effective December 9, 2009. The Board denied a rating in excess of 40 percent for his TBI and granted an initial 70 percent rating for mild neurocognitive disorder from December 9, 2009.
The deciding factor: The Veteran's residuals of TBI do not meet the criteria for a higher rating as they are primarily due to multiple sclerosis and other conditions rather than worsening TBI symptoms alone.
- Claimed conditions
- Traumatic Brain Injury (TBI), Migraine Headaches, Vertigo, Blurred Vision, Memory Loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 31, 2020
- Citation
- 20057400
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 20057400.
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 50% disability rating for migraine headaches was restored as the evidence did not show actual improvement in his ability to function under ordinary conditions of life and work.
- Whole decision: Remanded (sent back)
The Board has remanded the claims of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
- Whole decision: Granted
The Board has granted service connection for a traumatic brain injury (TBI) and its residuals, including unsteady gait, somnolence, and cognitive dysfunction. The decision is based on the Veteran's credible lay statements about in-service head injuries and subsequent seizures.
- Whole decision: Denied
The Board has determined that the Veteran does not have a current diagnosis of Traumatic Brain Injury (TBI) and therefore, service connection for TBI is denied.
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