The Veteran's service-connected disabilities include migraine headaches, right foot status post fracture second toe with degenerative joint disease, and chronic right ankle strain. The combined rating for these conditions is 60 percent, which does not meet the percentage standards set forth in § 4.16 (a). However, there is evidence suggesting the Veteran may be unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, leading to referral to the Director of Compensation Service for extraschedular TDIU evaluation under 38 C.F.R. § 4.16 (b).
The deciding factor: The combined rating for the Veteran's service-connected conditions does not meet the percentage standards set forth in § 4.16 (a) for a total disability rating based on individual unemployability.
- Claimed conditions
- migraine headaches, right foot status post fracture second toe with degenerative joint disease, chronic right ankle strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 5, 2019
- Citation
- 19126106
Veterans Law Judge
Decisions by this judge: 2,316 · Granted: 43% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation 19126106.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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 remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has remanded the cases for additional development due to incomplete medical records and insufficient opinions regarding the relationship between service, including a stick injury in England, and current left eye disability (including amblyopia and cataracts) as well as migraine headaches.
- Granted
The Veteran's migraine headaches are productive of very frequent, completely prostrating and prolonged attacks capable of producing severe economic inadaptability. The Board has granted a 50 percent disability rating for the Veteran's service-connected migraine headaches.
- Granted
The Veteran's claim for a higher rating for his service-connected migraine headaches was granted with an effective date of February 28, 2023.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.