The Veteran's service connection claims for migraine headaches and an acquired psychiatric disorder (to include depression and anxiety) secondary to hearing loss and tinnitus have been denied due to the Veteran's willful misconduct in causing his motor vehicle accident, which resulted in these conditions.
The deciding factor: The Veteran's willful misconduct caused his motor vehicle accident, leading to his migraine headaches and acquired psychiatric disorder. The BAC test showed intoxication at the time of the accident, indicating willful misconduct as a cause for the disabilities on appeal.
- Claimed conditions
- migraine headaches, an acquired psychiatric disorder (to include depression and anxiety)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 11, 2019
- Citation
- A19000310
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
- Partly granted
The Board granted a 30 percent rating for the Veteran's service-connected migraine headaches, but no greater.
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