The Veteran's migraines are granted as secondary to his service-connected PTSD and vertigo.,The Veteran’s lumbar spine strain with L5-S1 disc protrusion is currently rated at 40 percent, but the criteria for a higher rating are not met due to lack of ankylosis or incapacitating episodes.
The deciding factor: The April 2017 VA examination and opinion established that the Veteran’s migraines were more likely caused by his service-connected PTSD and vertigo.
- Claimed conditions
- migraines, lumbar spine strain with L5-S1 disc protrusion, S1 nerve root compression (sciatica/radiculopathy of right lower extremity), posttraumatic stress disorder (PTSD) with panic disorder and insomnia
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 8, 2019
- Citation
- 19101849
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 Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Denied
The Board denied the Veteran's appeal for an initial rating in excess of 30 percent for migraines, finding that his symptoms more closely approximate a 30 percent disability rating.
- Remanded (sent back)
The Board remands the claim for service connection for migraines, including as secondary to cervical strain, due to pre-decisional duty to assist errors in not translating relevant Spanish documents and ensuring a VA examiner considered all evidence.
- Partly granted
The Board granted a restoration of the separate 10 percent rating for vertigo, an earlier effective date for service connection for vertigo and migraines, and a 30 percent rating for hypothyroidism with heart murmur. The decision also denied an earlier effective date for hypertension and remanded claims for obesity, obstructive sleep apnea, and individual unemployability.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.