The Veteran's spondylolisthesis of the cervical spine is rated at 20 percent, and his tension headaches are not compensably rated. The Board found that neither condition warranted a higher rating.
The deciding factor: The Veteran’s spondylolisthesis did not meet criteria for an increased rating as it did not result in forward flexion of the cervical spine to 15 degrees or less, nor did it involve favorable ankylosis. The headaches did not meet criteria for a higher rating as they did not cause prostrating attacks averaging one in two months over the last several months.
- Claimed conditions
- spondylolisthesis of the cervical spine, tension headaches associated with spondylolisthesis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- May 20, 2019
- Citation
- 19138910
Veterans Law Judge
Decisions by this judge: 2,050 · Granted: 23% (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 19138910.
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- Remanded (sent back)
The Board has determined that the Veteran's appeal is remanded due to incomplete records and need for further examination. The issues of increased ratings for lumbar spine disability, radiculopathy of lower extremities, cervical spine disability, and radiculopathy of upper extremities are being returned to the RO for further action.
- Granted
The Veteran's migraine headaches and upper airway resistance syndrome are rated at 50% each, effective from the date of the VA examination. The Board also granted TDIU based on his service-connected disabilities.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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