The Veteran's service-connected disabilities, including cluster headaches and residuals of fracture C-3 with degenerative arthritis, do not meet the requisite schedular percentages for TDIU. The claim is denied.
The deciding factor: The Veteran does not have a single service-connected disability rated as 60 percent or more nor does he have at least one disability rated at 40 percent or more with a combined rating of 70 percent, which are the requirements for TDIU based on schedular criteria. However, his case can be submitted for extra-schedular consideration under 38 C.F.R. § 4.16(b).
- Claimed conditions
- cluster headaches, residuals of fracture C-3 with degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- May 13, 2010
- Citation
- 1017785
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 1017785.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Veteran's claim for service connection for cluster headaches was denied because the new evidence did not relate to the issue of whether his current condition is related to military service.
- Remanded (sent back)
The Board has remanded the claims for service connection for residuals of mononucleosis, chronic fatigue syndrome, and cluster headaches due to incomplete VA medical opinions. The Veteran is requested to provide addendum opinions regarding the nature and etiology of his claimed conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a failure by VA to obtain relevant private treatment records, including from Dr. K and Dr. N, which may be pertinent to the Veteran's eligibility for PCAFC benefits.
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