The Board denied the veteran's claims for increased ratings for her right foot pain and muscle contraction headaches (claimed as migraines), finding that the evidence did not meet the criteria for higher disability ratings under VA's rating schedule.
The deciding factor: The medical evidence did not show symptomatology analogous to a moderately severe injury of the foot or characteristic prostrating attacks averaging one in two months over the last several months, which are required for higher disability ratings.
- Claimed conditions
- right foot pain, muscle contraction headaches (claimed as migraine)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 29, 2005
- Citation
- 0535015
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 0535015.
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.
- Granted
The Veteran's claim for service connection for migraine headaches, as secondary to tinnitus, is granted. The claims for service connection for hearing loss disability and a disability manifested by shortness of breath other than chronic sinusitis and allergic rhinitis are denied. The claims for service connection for an intestinal disability (diverticulitis), fatigue, hypertension, neck disability, right upper extremity radiculopathy, left upper extremity radiculopathy, right shoulder disability, left shoulder disability, upper and lower back disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right hip disability, left hip disability, right foot pain, left foot pain, gastroesophageal reflux disease (GERD), and an acquired psychiatric disorder are all denied.
- Dismissed
The Board has dismissed the appeal for issues of service connection for left foot pain, skin condition, fibromyalgia, GERD, left knee strain, right knee strain, bilateral hearing loss, obstructive sleep apnea, right ankle condition, and right shoulder condition due to untimely filing.
- Dismissed
The Veteran's appeals for service connection and increased ratings were dismissed as untimely. The Board found that the Veteran did not provide a timely appeal request, despite having received notification of the rating decisions.
- Remanded (sent back)
The Board has granted service connection for tinnitus, but has remanded the issue of service connection for right foot pain due to duty-to-assist errors and unresolved medical questions.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.