The veteran's cervical spine disability is rated at 10 percent, tension headaches are rated at 10 percent, tinnitus is rated at the maximum schedular evaluation available, and bilateral hearing loss does not meet criteria for a compensable rating. Service connection was established for obstructive sleep apnea, right carpal tunnel syndrome, and multiple sclerosis (MS). The veteran's service-connected disabilities preclude him from securing and following any form of substantially gainful employment.
The deciding factor: The veteran's cervical spine disability is rated at the maximum schedular evaluation available due to moderate limitation of motion. Tension headaches are rated at the maximum schedular evaluation available. Tinnitus is rated at the maximum schedular evaluation available. Bilateral hearing loss does not meet criteria for a compensable rating. Service connection was established for obstructive sleep apnea, right carpal tunnel syndrome, and multiple sclerosis (MS). The veteran's service-connected disabilities preclude him from securing and following any form of substantially gainful employment.
- Claimed conditions
- Cervical spine arthritis, Tension headaches, Osteoarthritis in lumbar spine and knees, Obstructive sleep apnea, Right carpal tunnel syndrome, Brain abnormality, Enlarged heart
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- May 2, 2002
- Citation
- 0204038
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 0204038.
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 initial evaluation for tension headaches to include migraines is granted, with a rating of 50 percent effective from May 23, 2023.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- 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.
- Remanded (sent back)
The Veteran's claim for a compensable disability rating for tension and migraine headaches is remanded due to the inadequacy of the September 2020 VA examination report, which did not consider the ameliorative effects of medication.
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