The Veteran's service-connected TBI residuals, including headaches and cognitive impairment, are rated at a maximum of 70 percent since September 23, 2021.
The deciding factor: The November 2021 VA examination report indicated that the Veteran had prostrating attacks of headache pain on average once every two months, which corresponds to the criteria for a 10 percent rating under DC 8100. The examiner also noted that his headaches were not very prostrating and prolonged, thus not warranting a higher 30 percent rating.
- Claimed conditions
- Headaches associated with TBI, Residuals of TBI including cognitive impairment, emotional/behavioral dysfunction, and physical symptoms (e.g., motor and sensory dysfunction, visual impairment, hearing loss, seizures)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- July 25, 2022
- Citation
- 22042300
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 22042300.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran is granted an effective date of September 24, 2020 for the award of a 70 percent rating for PTSD and a TDIU. The evidence shows that his PTSD symptoms have significantly impacted his ability to work since January 31, 2019.
- Granted
The Board has granted earlier effective dates of October 22, 2010 for service connection of Traumatic Brain Injury and its associated headaches. Service connection for Posttraumatic Stress Disorder was denied as not meeting the criteria for an earlier effective date.
- Granted
The Veteran's service-connected residuals of TBI are rated at 40 percent, effective May 8, 2018. The Veteran is also in receipt of a separate 50 percent rating for headaches associated with his TBI. Both ratings have been granted.
- Denied
The Veteran's claims for increased evaluations of his psychiatric disability, traumatic brain injury (TBI), and headaches associated with TBI were denied due to failure to report for scheduled VA examinations.
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