The veteran's low back disability is rated at 40 percent, and his migraine headaches are rated at 30 percent. The appeal for higher ratings is granted.
The deciding factor: The evidence supports a 40% evaluation for the service-connected residuals of a low back injury but not more, given the severity of symptoms and functional impairment. For the migraine headaches, there was no evidence of very frequent completely prostrating attacks or prolonged attacks productive of severe economic inadaptability.
- Claimed conditions
- Low back injury, Migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 26, 2006
- Citation
- 0633259
Veterans Law Judge
Decisions by this judge: 1,599 · Granted: 37% (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 0633259.
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.
- Granted
The Veteran's service connection claims for traumatic brain injury and migraine headaches due to right eye removal are granted. The claim for a compensable evaluation of xeroderma of the right eye is remanded.
- Denied
The Board denied an increased initial disability rating for migraine headaches, finding that the Veteran's symptoms did not meet the criteria for a 50% rating due to lack of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.
- Dismissed
The Veteran's appeals for service connection and increased ratings were dismissed due to an improper concurrent election.
- Granted
The Veteran's 50% disability evaluation for migraine headaches was restored to May 12, 2021 after the reduction in rating was found not proper.
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.