The Veteran's cerebral concussion with headaches was rated at 50 percent effective January 23, 2004. The Board found that the increase in disability occurred within one year prior to the claim and granted an earlier effective date of April 29, 2003.
The deciding factor: The Veteran's cerebral concussion with headaches was manifested by at least 12 migraine headaches over the preceding year during which he would be confined to bed, making it factually ascertainable that a 50 percent disability rating had been warranted since April 29, 2003.
- Claimed conditions
- cerebral concussion with headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- July 29, 2009
- Citation
- 0928280
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 0928280.
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 cause of death, metastatic esophageal cancer, was found to be proximately caused by his service-connected anxiety disorder. As a result, the Board granted service connection for the cause of the Veteran’s death.
- Denied
The veteran's claim for an earlier effective date for a 50 percent disability rating for cerebral concussion with headaches was denied as there is no medical evidence within the one year prior to January 23, 2004 that factually supports entitlement to a higher disability rating.
- Remanded (sent back)
The veteran is seeking an earlier effective date for a 50 percent rating for cerebral concussion with headaches, which was granted on January 23, 2004. The case is being remanded to ensure proper VCAA notification.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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