The veteran's headaches are rated at the highest schedular evaluation of 50 percent, effective from the date service connection was granted. The right shoulder and cervical spine disabilities each receive a 30 percent rating.
The deciding factor: New evidence submitted since the May 1992 decision supports reopening the claim for an EPTS factor deduction in the veteran's cervical spine disability, resulting in a higher rating of 50 percent.
- Claimed conditions
- Headaches, Postoperative degenerative disc disease of the cervical spine, Postoperative residuals of a right shoulder injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- June 28, 2004
- Citation
- 0416905
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 0416905.
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.
- Denied
The Board denied service connection for various disabilities, including an acquired psychiatric disability, headaches, a back disability, heart disability, and residuals of a stroke, as the evidence did not support a finding that these conditions were related to the Veteran's active service or caused by his service-connected left ear disabilities.
- Partly granted
The Board denied service connection for erectile dysfunction and remanded the claims for a sleep disorder and headaches to ensure proper development of evidence.
- Dismissed
The Veteran withdrew the appeal in September 2025, stating that she is now 100% permanently and totally disabled effective April 29, 2025.
- Remanded (sent back)
The Board remands the claims for a disability rating in excess of 50 percent for PTSD with TBI and a disability rating in excess of 10 percent for headaches as secondary to PTSD with TBI due to a duty to assist error.
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