The Board has determined that there is no legal entitlement to an effective date earlier than February 4, 2004 for the grant of service connection for headaches.
The deciding factor: The Veteran's claim for service connection for headaches was not intertwined with his previous claim seeking an increased rating for his low back disability. The Board found that there is no evidence of a prior claim for service connection for headaches either on a direct or secondary basis, and therefore, the effective date cannot be earlier than February 4, 2004.
- Claimed conditions
- Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 6, 2009
- Citation
- 0929299
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. Search VA.gov for the original decision (opens in a new tab) using citation 0929299.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Whole decision: Granted
The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.
- Whole decision: Granted
The Veteran's headaches, which manifested as very frequent and prolonged attacks causing severe economic inadaptability, are granted a 50 percent disability rating for the entire period on appeal.
- Whole decision: Remanded (sent back)
The Veteran seeks an earlier effective date for a 30 percent disability rating for his service-connected headaches, which was awarded with a noncompensable rating at 0 percent. The Board is remanding the claim due to inadequate examination and the need for a new VA examination to evaluate the severity of the Veteran's headaches without considering the ameliorating effects of any medication.
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