The Veteran's earlier effective date for a right shoulder scar is dismissed as the Veteran did not disagree with the new effective date of January 8, 1992.,A compensable rating (30 percent) is granted for tension headaches based on characteristic prostrating attacks occurring once per month over several months.,The criteria for an increased rating for cervical spondylosis are not met as the Veteran's disability does not meet the criteria for a 10 percent or higher rating under Diagnostic Code 5239.,A compensable rating (10 percent) is denied for a right shoulder scar due to lack of instability and pain.,The criteria for an increased rating for thoracic outlet syndrome are not met as the Veteran's disability does not meet the criteria for a 20 percent or higher rating under Diagnostic Code 8514.
The deciding factor: There is no longer an issue of fact or law before the Board pertaining to the earlier effective date for a right shoulder scar prior to December 12, 2013.,The Veteran's tension headaches do not meet the criteria for a compensable rating (30 percent) as they are characterized by prostrating attacks occurring once per month over several months.,The Veteran’s cervical spondylosis does not meet the criteria for a 10 percent or higher rating under Diagnostic Code 5239 due to its range of motion and functional impact.,The right shoulder scar is not rated as unstable or painful, thus not meeting the criteria for a compensable (10 percent) rating.,The Veteran's thoracic outlet syndrome does not meet the criteria for a 20 percent or higher rating under Diagnostic Code 8514 due to its range of motion and functional impact.
- Claimed conditions
- Right Shoulder Scar, Tension Headaches, Neck Disability (Cervical Spondylosis), Thoracic Outlet Syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 17, 2019
- Citation
- 19130221
Veterans Law Judge
Decisions by this judge: 3,319 · Granted: 25% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 19130221.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
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The Veteran's tension headaches are rated at a 10% disability rating, effective from the date of the June 2020 decision. The Veteran's bilateral hearing loss is currently rated as noncompensable.
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