The Veteran's rating for TBI is denied as it does not meet the criteria for a higher than 70 percent rating. The service connection for a neck and upper back condition is remanded.
The deciding factor: The evidence did not show that the Veteran's TBI residuals met the criteria for a higher than 70 percent rating under DC 8045, which requires moderate impairment in any facet of cognitive impairment.
- Claimed conditions
- Residual scar associated with head trauma, Traumatic brain injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- December 15, 2021
- Citation
- A21019995
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. Look up the original decision on VA.gov (opens in a new tab) using citation A21019995.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service connection claims for traumatic brain injury and migraine headaches due to right eye removal are granted. The claim for a compensable evaluation of xeroderma of the right eye is remanded.
- Denied
The Veteran's claim for service connection for gastroesophageal reflux disease (GERD) was denied because the disability is not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's claim for service connection for a lumbar spine disability was denied because the disability was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's claim for service connection for a traumatic brain injury (TBI) was denied because there is no evidence of loss of consciousness or memory impairment following the motor vehicle accident during service, and post-service VA treatment records do not show a diagnosis of TBI.
- Remanded (sent back)
The Board has remanded the cases for further development and consideration due to inadequate opinions regarding the Veteran's cervical spine condition and TBI. The VA will obtain an adequate opinion on both issues.
- Granted
The Veteran's request for HLR was timely filed, and the appeal is granted. The VA continued the 10 percent and 50 percent evaluations for his TBI and headaches disabilities.
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