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
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 0613368.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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.
- Partly granted
The Board granted service connection for cervical strain, degenerative joint disease, and degenerative disc disease, as well as left plantar and anterior distal tibia spurs and enthesopathic changes, both secondary to the Veteran's service-connected left ankle disability. The claim for a TDIU was also granted from April 8, 2009.
- 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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to inextricably intertwined issues and additional development is needed, including obtaining deck logs from USS Forrestal (CV-59) and a VA opinion regarding the relationship between liposarcoma and exposure to jet fuels.
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