The Veteran's appeal for a higher disability evaluation for migraines was denied, and the recoupment of his separation pay from VA compensation benefits was upheld.
The deciding factor: The law requires that VA recoupment of separation pay from disability compensation is proper under 10 U.S.C.A. § 1174(h)(2) and 38 C.F.R. § 3.700, as the Veteran received separation pay based on service in the armed forces.
- Claimed conditions
- migraines
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 8, 2013
- Citation
- 1321703
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. Read the original VA decision (opens in a new tab) using citation 1321703.
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: Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Whole decision: Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Whole decision: Dismissed
The appeal concerning the service connection claims for various conditions and initial compensable evaluations for service-connected erectile dysfunction and bilateral hearing loss is dismissed due to the Veteran's death.
- Whole decision: Granted
The Board has granted a 50 percent disability rating for the Veteran's migraines, effective April 30, 2026. The decision found that the Veteran's migraine headaches caused characteristic very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.
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