The Veteran's claim for a rating in excess of 30 percent for atypical headaches with combination muscle contraction headaches was denied by operation of law due to his failure to report for a scheduled VA examination. The case is also remanded for further development regarding the service connection issue, including obtaining medical records and scheduling a psychiatric examination.
The deciding factor: The Veteran failed without good cause to appear for a scheduled VA examination related to his headache disorder, resulting in denial of his claim by operation of law.
- Claimed conditions
- atypical headaches with combination muscle contraction headaches, psychiatric disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 20, 2009
- Citation
- 0918797
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 0918797.
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 granted the Veteran's claims for increased evaluations and SMC based on housebound status and aid and attendance, with the initial decisions being in February and June 2023. The appellant is eligible to attorney fees based on past-due benefits awarded in September 2024.
- Dismissed
The Board dismissed the appeal for service connection of psychiatric disorder. Service connection was granted for heart condition, throat condition, and hypertension due to herbicide exposure in Japan. Diabetes condition is denied as there is no evidence of treatment or diagnosis.
- Dismissed
The Veteran's service-connected disabilities were considered permanent and total in nature as of August 6, 2020, which is the earliest date on which she can establish basic eligibility for DEA under 38 U.S.C. Chapter 35.
- Granted
The Veteran's tinnitus is granted service connection, while his bilateral hearing loss and hypertensive vascular disease/hypertension are denied. The psychiatric disorder claim is remanded for further review.
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