The veteran's migraine headaches are characterized by headache episodes occurring three to four times per week, lasting two to six hours each. The initial rating assigned is 30 percent, the maximum under Diagnostic Code 8100 for very frequent prostrating attacks. The veteran's low back strain is characterized by subjective complaints of pain with range of motion of the lumbar spine of 95 degrees of forward flexion, 35 degrees of backward extension, and lateral flexion and bilateral rotation to 40 degrees. The initial rating assigned for this condition is 0 percent. The veteran's hiatal hernia with gastroesophageal disease, status post Nissen fundoplication, is characterized by occasional epigastric cramps/pain about three times per month, with no weight gain or loss for the past year or anemia. The initial rating assigned for this condition is 0 percent.
The deciding factor: The veteran's migraine headaches are manifested by characteristic prostrating attacks occurring on an average once a month over the last several months, warranting a 30 percent rating under Diagnostic Code 8100. His low back strain and hiatal hernia with gastroesophageal disease do not meet the criteria for higher ratings as they do not result in more severe disability.
- Claimed conditions
- Hiatal Hernia with Gastroesophageal Disease, Status Post Nissen Fundoplication, Low Back Strain, Migraine Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- April 11, 2003
- Citation
- 0307039
Veterans Law Judge
Decisions by this judge: 1,440 · Granted: 30% (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 0307039.
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.
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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
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- 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.
- 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.
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