The veteran's claim for a rating in excess of 20 percent for his cervical spine disability and a separate compensable rating for headaches was denied. The VA examiner found that the veteran's headaches are not neurological in nature, which affects the determination of whether he is entitled to a higher rating under DC 8100.
The deciding factor: The VA examiner determined that the veteran's headaches do not meet the criteria for a higher rating as they are not characterized by prostrating attacks and are not considered an 'objective neurological abnormality' related to his cervical spine disability.
- Claimed conditions
- cervical spine disability, headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 14, 2006
- Citation
- 0638917
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 0638917.
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.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Remanded (sent back)
The Board remands the claim for an increased initial disability evaluation of headaches due to an inadequate VA examination.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
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