The Veteran's headaches and cervical strain were granted initial compensable ratings, with the headache rating increased to 50% effective December 9, 2009. The right upper radicular nerve group associated with his cervical spine disability was also granted a separate 20% rating.
The deciding factor: The Veteran's headaches met criteria for a 50% rating due to their frequent and severe nature, while the cervical strain warranted a higher rating based on its impact on the left upper radicular nerve group.
- Claimed conditions
- Headaches, Cervical strain, Left ankle sprain, Right ankle sprain, Degenerative arthritis of left ankle (not diagnosed), Degenerative arthritis of right ankle (not diagnosed), Left knee disability (not diagnosed), Right knee disability (not diagnosed)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- November 9, 2016
- Citation
- 1643008
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 1643008.
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 Veteran's claims for an initial disability rating in excess of 10 percent for cervical strain, service connection for left leg pain (claimed as joint pain), and service connection for a left ear hearing condition are being remanded due to duty-to-assist errors.
- 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.
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