The Veteran's TBI residuals are rated as 0 percent disabling, and the claim for a compensable rating is denied.,For the period prior to July 28, 2018, the Veteran's migraine headaches were rated at 30 percent, which is the maximum schedular rating authorized under Diagnostic Code 8100. The claim for a higher rating is denied.,From July 28, 2018, the Veteran's migraine headaches are rated at 50 percent, which is the highest available under Diagnostic Code 8100. The claim for a higher rating is denied.,The effective date of January 22, 2018, but no earlier, for the grant of service connection for TBI and migraine headache disorder is granted.
The deciding factor: The Veteran's TBI residuals do not meet the criteria for a compensable rating as there are no residual impairments that warrant such a rating under Diagnostic Code 8045.,For the period prior to July 28, 2018, the Veteran's migraine headaches did not manifest as migraines with very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability, which is required for a higher rating under Diagnostic Code 8100.,From July 28, 2018, the Veteran's migraine headaches have been assigned a 50 percent disability rating, which is the maximum schedular rating authorized under Diagnostic Code 8100. The claim for a higher rating is denied as there are no additional residuals that warrant such a rating.,The first communication received by the VA from the Veteran expressing an intent to file a claim for TBI and migraine headache disorder was at his decision review officer (DRO) hearing on January 22, 2018. A complete application form was received on February 5, 2018.
- Claimed conditions
- Traumatic Brain Injury (TBI), Migraine Headache Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2023
- Citation
- 23003035
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 23003035.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for a traumatic brain injury (TBI) and its residuals, including unsteady gait, somnolence, and cognitive dysfunction. The decision is based on the Veteran's credible lay statements about in-service head injuries and subsequent seizures.
- Denied
The Board has determined that the Veteran does not have a current diagnosis of Traumatic Brain Injury (TBI) and therefore, service connection for TBI is denied.
- Granted
The Veteran's claim for special monthly compensation based on aid and attendance due to service-connected TBI with PTSD is granted, effective September 6, 2018.
- Granted
The Veteran's claim for special monthly pension (SMP) based on the need for aid and attendance is granted due to his cognitive impairment resulting from a motor vehicle accident in 2018, which has rendered him unable to work and needing assistance with daily activities.
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