The Veteran's initial rating for headaches was denied as his condition did not meet the criteria for a higher disability rating. The lung condition issue is remanded due to inadequate examination.
The deciding factor: The VA examiner provided an inconsistent report regarding the Veteran’s lung condition, indicating no current diagnosis but acknowledging historical diagnoses of COPD and asbestosis.
- Claimed conditions
- Headaches, Lung condition (asbestosis and/or chronic obstructive pulmonary disease (COPD))
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 9, 2018
- Citation
- 18101724
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 18101724.
What this means for you
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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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