The Board denied a rating in excess of 10 percent for the Veteran's residuals of traumatic brain injury (TBI) based on the severity levels assigned to various facets of cognitive impairment and subjective symptoms.
The deciding factor: The highest severity level assigned across all facets was 2, which corresponds to a maximum 40 percent rating under the TBI Table. However, this rating is not warranted as it would overlap with the separate 50 percent rating for PTSD already in place.
- Claimed conditions
- Residuals of traumatic brain injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 12, 2022
- Citation
- 22001564
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.
- Remanded (sent back)
The Board remands the claims for higher initial disability ratings for PTSD, TBI, and left ulnar nerve damage due to a duty-to-assist error in not obtaining service treatment records and VA examinations.
- Remanded (sent back)
The Board is remanding the claims for service connection due to a regulatory duty to assist error.
- Denied
The Board denied the veteran's claims for an earlier effective date for TDIU, SMC based on housebound status, and separate evaluations for residuals of traumatic brain injury.
- Denied
The Board denied the Veteran's claim for an initial compensable rating for residuals of traumatic brain injury, finding that there was no evidence of symptoms attributable to TBI that had not already been considered in the evaluation of other service-connected disabilities.
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