The Board has denied the Veteran's claim for service connection for Traumatic Brain Injury (TBI) and remanded the issue of entitlement to a higher initial rating in excess of 70 percent for Major Depressive Disorder.
The deciding factor: The evidence does not support a diagnosis of TBI, as the Veteran’s migraine headaches preexisted the incident where he injured his neck during service. The Board found that there is insufficient evidence to support a diagnosis of TBI and concluded that the Veteran does not currently suffer from such disability.
- Claimed conditions
- Traumatic Brain Injury (TBI), Major Depressive Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 10, 2020
- Citation
- 20072594
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 was granted a disability rating of 70 percent for posttraumatic stress disorder and major depressive disorder, effective October 24, 2017. The Board also granted a total disability rating based on individual unemployability due to service-connected disabilities.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disability due to the need for a more comprehensive medical examination and opinion.
- 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.
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