The veteran's service-connected migraine headaches are currently rated at 30 percent, but the Board finds that they do not meet the criteria for a higher rating due to lack of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. The issue of whether his cervical spine disability is related to service or aggravated by his migraines remains unresolved.
The deciding factor: The veteran's headaches are currently rated at 30 percent, which requires characteristic prostrating attacks occurring on an average of once a month over the last several months. However, there is no evidence showing very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Claimed conditions
- degenerative joint disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 8, 2006
- Citation
- 0613368
Veterans Law Judge
Decisions by this judge: 1,293 · Granted: 17% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0613368.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for degenerative joint disease of the cervical spine and radiculopathy affecting both upper and lower extremities, while dismissing the claim for cervicogenic headaches.
- Granted
The Veteran's service-connected disabilities, including degenerative joint disease of the cervical spine, right upper extremity radiculopathy, degenerative joint disease of the lumbar spine, and right lower extremity radiculopathy, have resulted in a combined rating of 60 percent as of March 15, 2019. The Board has granted an earlier effective date for TDIU to this point.
- Granted
The Veteran's service-connected disabilities have prevented him from securing and maintaining substantially gainful employment, leading to a TDIU grant.
- Remanded (sent back)
The Board remanded the claims for readjudication and further development, as new and relevant evidence had been submitted since the prior denials.
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