The Veteran's TBI, including hemorrhage of the right cerebral hemisphere, is rated at 10 percent and denied an increased rating.,An initial 30 percent rating for traumatic deviated septum with chronic sinusitis and right maxillary sinus retention cyst was granted effective prior to March 4, 2022. The Veteran's migraine headaches are also rated at 30 percent from January 31, 2020.
The deciding factor: The evidence does not meet the criteria for a higher rating under DC 8045 for TBI or DC 6513 for sinusitis.
- Claimed conditions
- Traumatic Brain Injury (TBI) to include hemorrhage of right cerebral (brain) hemisphere, Traumatic deviated septum with chronic sinusitis and right maxillary sinus retention cyst, Migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2023
- Citation
- 23067947
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 23067947.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
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 Board denied an increased initial disability rating for migraine headaches, finding that the Veteran's symptoms did not meet the criteria for a 50% rating due to lack of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.
- Dismissed
The Veteran's appeals for service connection and increased ratings were dismissed due to an improper concurrent election.
- Granted
The Veteran's 50% disability evaluation for migraine headaches was restored to May 12, 2021 after the reduction in rating was found not proper.
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