The Veteran's claim for a higher rating of his service-connected residuals of traumatic brain injury and migraine headaches is granted, effective from May 24, 2016. However, the TDIU claim is denied as the Veteran has been found to be able to secure and maintain substantially gainful employment.
The deciding factor: The Veteran's part-time employment at an apartment complex, which does not require substantial or gainful employment due to his service-connected disabilities, renders him unable to meet the criteria for a TDIU.
- Claimed conditions
- Residuals of Traumatic Brain Injury, Neurocognitive Disorder with Memory Loss, Migraine Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 26, 2024
- Citation
- 24004227
Veterans Law Judge
Decisions by this judge: 878 · Granted: 46% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24004227.
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's 50% disability rating for migraine headaches was restored as the evidence did not show actual improvement in his ability to function under ordinary conditions of life and work.
- Granted
The Veteran's migraine headaches are rated at a 50 percent rating, effective December 3, 2021, due to frequent and severe attacks that significantly impact his ability to work.
- Granted
The Veteran's service-connected PTSD alone is sufficient to grant a TDIU, and his other service-connected disabilities are at least 60% combined. The Veteran also meets the criteria for SMC based on housebound status.
- Dismissed
The Veteran's appeal for an increased rating of erectile dysfunction was dismissed. A rating of 50 percent, and no higher, for migraines is granted. An initial rating of 30 percent, and no higher, for IBS is granted. Service connection for hypertension is remanded.
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