The Veteran's headaches have been rated as 30 percent disabling since May 25, 2006. The arthritis of the cervical spine has been granted service connection based on a presumption due to its onset during active duty. Bilateral upper extremity radiculopathy is also found to be secondary to the service-connected arthritis of the cervical spine.
The deciding factor: The Veteran's headaches have manifested as prostrating attacks averaging once per month, meeting the criteria for a 30 percent disability rating under Diagnostic Code 8100. The arthritis of the cervical spine has been granted based on its onset during active duty and is presumed to be service-connected.
- Claimed conditions
- Headaches, Arthritis of the cervical spine
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 26, 2016
- Citation
- 1641576
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 1641576.
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 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.
- Granted
The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.
- Granted
The Veteran's headaches, which manifested as very frequent and prolonged attacks causing severe economic inadaptability, are granted a 50 percent disability rating for the entire period on appeal.
- Remanded (sent back)
The Veteran seeks an earlier effective date for a 30 percent disability rating for his service-connected headaches, which was awarded with a noncompensable rating at 0 percent. The Board is remanding the claim due to inadequate examination and the need for a new VA examination to evaluate the severity of the Veteran's headaches without considering the ameliorating effects of any medication.
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