The veteran's claims for increased ratings and service connection have been denied. The headaches claim is denied as the evidence does not show characteristic prostrating attacks, while the low back and neck disability claims are based on the current rating criteria.
The deciding factor: The VA examinations did not find any characteristic prostrating attacks for the veteran's headaches, which were classified as chronic tension-type headaches. The low back and neck disabilities have been rated under the appropriate diagnostic codes but may need to be reassessed if new evidence is provided or if there are changes in the rating criteria.
- Claimed conditions
- Degenerative disc disease of the lumbar spine with degenerative arthritis, Headaches (secondary to chronic neck disorder), Residuals of injury of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 28, 2004
- Citation
- 0416946
Veterans Law Judge
Decisions by this judge: 1,012 · Granted: 24% (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 0416946.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted restoration of the 40 percent rating for degenerative disc disease of the lumbar spine with degenerative arthritis and restored the 40 percent ratings for left lower extremity (LLE) sciatic radiculopathy and right lower extremity (RLE) sciatic radiculopathy, effective September 16, 2022. The Board denied a rating in excess of 40 percent for the back condition beginning June 3, 2023, granted a separate noncompensable rating for urinary leakage secondary to the back condition beginning June 3, 2023, and denied increased ratings for tinnitus, bilateral hearing loss, and unspecified depressive disorder.
- Granted
The Veteran's back disability is rated at 40 percent effective November 8, 2011. From December 20, 2019, the rating for his back disability was denied as it did not meet the criteria for a higher rating. Effective December 21, 2020, he received ratings of 20 percent for left and right lower extremity radiculopathy.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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