The Veteran's headaches are rated at 30 percent, effective October 19, 2006. The maximum schedular rating of 50 percent is not warranted as the evidence does not meet the criteria for very frequent completely prostrating and prolonged attacks.
The deciding factor: The Veteran testified that he experiences characteristic prostrating attacks at least once per month, which more nearly approximates a 30 percent evaluation under DC 8100. The maximum schedular rating of 50 percent is not warranted as the evidence does not meet the criteria for very frequent completely prostrating and prolonged attacks.
- Claimed conditions
- Cervical spine disability, Headaches, Lumbar strain, Left knee strain, Right great toe hallux valgus with bunion formation, Left great toe hallux valgus with bunion formation, Right fourth finger strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- August 13, 2010
- Citation
- 1030348
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 1030348.
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 Board has granted effective dates of July 10, 2024 for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.
- Denied
The Veteran's service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Granted
The Board has granted service connection for cervical spine strain, right wrist sprain, right knee strain, left knee strain, and right ankle strain. The disabilities are all deemed to have begun during the Veteran's active duty.
- 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.
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