The Board denied the Veteran's claims for service connection for residuals of a head injury, migraines as secondary to a head injury, and memory loss as secondary to a head injury. The evidence did not support a finding that any of these conditions were incurred in or related to service.
The deciding factor: The VA examiner found no current head injury residuals or brain injury, and the Veteran's headaches are attributed to his mental health medication rather than service. Memory problems are also attributed to drug use, which is not compensable.
- Claimed conditions
- head injury, migraines, memory loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2019
- Citation
- 19123939
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.
- 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.
- Denied
The Board denied service connection for various conditions, including a head injury, headache disorder, erectile dysfunction, left earache disorder, chronic fatigue, right shoulder disorder, irritable bowel syndrome, right foot disorder, GERD, and left shoulder disorder, as the evidence did not support current diagnoses of these conditions.
- 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.
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