The Board has granted service connection for migraine headaches and a respiratory disorder, finding that the evidence is in equipoise on whether these conditions were incurred during active duty. The respiratory disorder was found to have preexisted service but not aggravated by it.
The deciding factor: The VA examiner's opinion regarding aggravation of the respiratory condition did not meet the standard for clear and unmistakable evidence required to rebut the presumption of soundness.
- Claimed conditions
- migraine headaches, respiratory disorder
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 9, 2013
- Citation
- 1328776
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 1328776.
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.
- 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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