The Board denied the veteran's claims for a compensable evaluation for a scar of the left buttock, service connection for headaches as post-concussion syndrome/seizure disorder, an increased rating for his neck disability, and an initial rating greater than 30 percent for PTSD. The effective date for the total disability rating based on individual unemployability was denied.
The deciding factor: The February 1971 rating decision did not consider the correct facts at that time due to a misidentification of the location of the shell fragment wound, and thus it is clear and unmistakable error. The medical evidence does not support service connection for headaches as post-concussion syndrome/seizure disorder or PTSD.
- Claimed conditions
- headaches as a residual of service-connected cervical spine disability, scar of the left buttock
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 26, 2004
- Citation
- 0405400
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 0405400.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Denied
The Board denied the Veteran's appeal for special monthly compensation based on loss of use of his left foot, as there was no evidence showing that the service-connected conditions resulted in functional limitation equal to that of amputation of the left foot with prosthesis.
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