The Veteran's initial compensable ratings for migraine headaches and right knee degeneration of the meniscus have been granted, but his left great toe gout evaluation remains noncompensable. Service connection has not been established for an allergy and sinus condition.
The deciding factor: The evidence showed that the Veteran had migraines with characteristic prostrating attacks averaging once a month over several months, warranting a 30% rating since October 1, 2008. For his right knee disability, he demonstrated symptoms such as locking, tenderness, and crepitation without instability or dislocation, which warranted a noncompensable rating prior to March 2, 2012, and a 10% rating thereafter. His left great toe gout was not shown to have any current symptoms since the grant of service connection. Service connection for an allergy and sinus condition could not be established due to lack of chronicity in service.
- Claimed conditions
- Migraine headaches, Right knee degeneration of the meniscus, Left great toe gout
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 23, 2014
- Citation
- 1402879
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 1402879.
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 Veteran's service connection claims for traumatic brain injury and migraine headaches due to right eye removal are granted. The claim for a compensable evaluation of xeroderma of the right eye is remanded.
- Denied
The Board denied an increased initial disability rating for migraine headaches, finding that the Veteran's symptoms did not meet the criteria for a 50% rating due to lack of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.
- Dismissed
The Veteran's appeals for service connection and increased ratings were dismissed due to an improper concurrent election.
- Granted
The Veteran's 50% disability evaluation for migraine headaches was restored to May 12, 2021 after the reduction in rating was found not proper.
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