The veteran's headaches are currently rated as 10%, and his cervical spine disability is rated at 10%. The lumbosacral strain with diffuse degenerative changes has been increased to 40% since May 4, 1998. However, the headaches have not met criteria for a higher rating prior to September 23, 2000.
The deciding factor: The veteran's headaches were diagnosed as migraines after September 23, 2000 and did not meet the criteria for prostrating attacks before that date. The cervical spine disability was rated at 10% since its initial grant of service connection in August 1991. The lumbosacral strain with diffuse degenerative changes has been rated as severe intervertebral disc syndrome, but only from May 4, 1998.
- Claimed conditions
- Headaches, Cervical Anterior Subluxation of C3 on C4, Lumbosacral Strain with Diffuse Degenerative Changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2002
- Citation
- 0200437
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 0200437.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.
- Granted
The Veteran's headaches, which manifested as very frequent and prolonged attacks causing severe economic inadaptability, are granted a 50 percent disability rating for the entire period on appeal.
- Remanded (sent back)
The Veteran seeks an earlier effective date for a 30 percent disability rating for his service-connected headaches, which was awarded with a noncompensable rating at 0 percent. The Board is remanding the claim due to inadequate examination and the need for a new VA examination to evaluate the severity of the Veteran's headaches without considering the ameliorating effects of any medication.
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