The Veteran's service-connected conditions, including migraine headaches and foot disorders, are not shown to be of such severity as to effectively preclude all forms of substantially gainful employment.
The deciding factor: The Veteran's combined disability rating is 70%, which does not meet the threshold for a TDIU based on percentage alone. Her disabilities do not prevent her from securing and following any form of substantially gainful occupation.
- Claimed conditions
- migraine headaches, hysterectomy, bilateral plantar fibromatosis with onychomycosis and mild hallux valgus of the right foot, hiatal hernia with gastroesophageal reflux disease (GERD), residuals of a fracture of the right hand
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- May 23, 2013
- Citation
- 1316989
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 1316989.
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.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has remanded the cases for additional development due to incomplete medical records and insufficient opinions regarding the relationship between service, including a stick injury in England, and current left eye disability (including amblyopia and cataracts) as well as migraine headaches.
- Granted
The Veteran's migraine headaches are productive of very frequent, completely prostrating and prolonged attacks capable of producing severe economic inadaptability. The Board has granted a 50 percent disability rating for the Veteran's service-connected migraine headaches.
- Granted
The Veteran's claim for a higher rating for his service-connected migraine headaches was granted with an effective date of February 28, 2023.
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