The Veteran's claims for increased ratings of TBI, migraine headaches, and left ear hearing loss have been denied. The Veteran is not entitled to a compensable rating for his service-connected TBI prior to January 22, 2020 or in excess of 10 percent thereafter. His claim for a higher rating for migraine headaches has also been denied as he does not meet the criteria for a 50% rating under DC 8100. The Veteran's left ear hearing loss is rated as noncompensable.
The deciding factor: The evidence did not show that the Veteran met the criteria for a compensable rating based on his service-connected TBI, migraine headaches, or left ear hearing loss.
- Claimed conditions
- Traumatic Brain Injury (TBI), Migraine Headaches, Left Ear Hearing Loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2020
- Citation
- 20068416
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.
- Remanded (sent back)
The Board remands the claim for a total disability rating based on individual unemployability (TDIU) due to an unclear employment history and a pre-decisional duty to assist error.
- 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.
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