The Board found that the December 1992 rating decision did not assign separate evaluations for headache and neck symptomatology, which was a clear and unmistakable error. The claim is granted with instructions to rate the veteran's head injury residuals separately.
The deciding factor: The RO incorrectly applied regulations requiring separate ratings for the veteran's symptoms of headaches and neck problems.
- Claimed conditions
- Headache, Neck symptomatology
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 5, 2008
- Citation
- 0830244
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 0830244.
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.
- Remanded (sent back)
The Board has found new and relevant evidence to readjudicate the claim for service connection for a headache disability. The case is being remanded for further review.
- Remanded (sent back)
The Veteran's claim for an increased rating for his service-connected headache disability is remanded due to the lack of a proper VA examination, which may have influenced the initial decision.
- Granted
The Board has granted service connection for the Veteran's headache disability, finding that his headaches began in service and resolving reasonable doubt in his favor.
- Granted
The Board has granted service connection for Multiple Sclerosis, a headache disability as secondary to service-connected MS, and an eye disability as secondary to service-connected MS. The Veteran's current diagnoses of these conditions are supported by medical evidence, and the Board finds that they are related to her service-connected MS.
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