The veteran's service-connected cervical strain was rated at 10 percent prior to December 26, 2001 and remains at that level on and after. The veteran's post-concussion migraine headaches are assigned a 30 percent evaluation.
The deciding factor: VA examinations conducted in September 1999 and December 2001 showed no significant limitation of motion for cervical strain prior to December 26, 2001, warranting a 10% rating. On and after that date, the veteran's condition improved such that she was found to have full range of motion with no pain on use or during flare-ups. For post-concussion migraine headaches, VA examinations consistently showed very frequent attacks requiring at least 30 minutes of rest, warranting a 30% evaluation.
- Claimed conditions
- Cervical Strain, Post-concussion Migraine Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- September 24, 2002
- Citation
- 0212846
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 0212846.
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.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include PTSD, anxiety disorder, and unspecified trauma- and stressor-related disorder, but denied service connection for left knee degenerative arthritis, cervical strain, left breast cancer, and a left arm condition.
- Partly granted
The Board granted a 50 percent rating for adjustment disorder with mixed anxiety and depressed mood, but denied a compensable rating for hypertension. The claims for cervical strain and left upper extremity radiculopathy were remanded.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 50 percent for PTSD, 30 percent for headaches, and 10 percent for cervical strain, as well as entitlement to TDIU, due to pre-decisional duty to assist errors.
- Denied
The Board denied service connection for obstructive sleep apnea, cervical strain, and lumbosacral and thoracic strains as the evidence showed that these conditions pre-existed the Veteran's active duty and were not aggravated by it.
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