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
Veterans Law Judge
Decisions by this judge: 1,177 · Granted: 24% (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 0638917.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Board denied the claims of service connection for cervical spine and skin rash disabilities, finding that there is no evidence linking these conditions to active military service.
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