The Veteran's post-concussion headaches are rated at 30 percent prior to October 23, 2017. The Veteran's L5 spondylolysis with L5-S1 spondylolisthesis is rated at 10 percent prior to October 23, 2017.
The deciding factor: The Veteran’s post-concussion headaches were productive of functional impairment most closely approximating characteristic prostrating attacks occurring on an average once a month, which meets the criteria for a 30 percent rating under DC 8100. The L5 spondylolysis with L5-S1 spondylolisthesis was productive of functional impairment most closely approximating painful motion with no evidence of limitation of range of motion to less than 60 degrees of forward flexion or less than 120 degrees of combined range of motion, and no evidence of muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour. This meets the criteria for a 10 percent rating under DC 5242-5237.
- Claimed conditions
- Post-concussion headaches, L5 spondylolysis with L5-S1 spondylolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- December 27, 2018
- Citation
- 18160519
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 18160519.
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.
- Partly granted
The Board granted service connection for PTSD, cervical degenerative disc disease, lumbar spine degenerative disc disease, and radiculopathies of the upper and lower extremities. A 30 percent rating was also granted for vertigo associated with TBI.
- Denied
The Veteran's post-concussion headaches do not meet the criteria for a compensable evaluation under DC 8100, as they do not cause characteristic prostrating attacks.,The Veteran's panic disorder without agoraphobia with TBI does not meet the criteria for a total rating under DC 9412 due to his ability to maintain work and social relationships.
- Granted
The Veteran's post-concussion headaches are rated at a 50 percent disability rating prior to February 21, 2020. The claim for a separate rating for service-connected TBI is denied.
- Granted
The Veteran's TBI, post-concussion headaches, right knee limitation of extension, and left knee limitation of extension were granted service connection effective June 29, 2016.,A 10 percent disability rating for right knee joint osteoarthritis was also granted effective June 29, 2016.
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