The Veteran's post-concussive headaches were previously rated at 50% and reduced to noncompensable effective August 1, 2016. The Board has restored the 50% rating as of that date.
The deciding factor: The reduction was improper because VA did not consider pertinent law and regulations in reducing the Veteran's disability rating.
- Claimed conditions
- Post-concussive headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- June 14, 2019
- Citation
- 19146624
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 Board granted earlier effective dates for service connection of bilateral hearing loss, tinnitus, PTSD with TBI, and post-concussive headaches. Service connection was denied for gulf war syndrome.
- Partly granted
The Board denied service connection for TBI and higher ratings for various conditions but remanded decisions on the effective date for left lower extremity radiculopathy and rating for IVDS.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the current severity of the Veteran's post-concussive headaches and for obtaining updated VA treatment records. The Veteran is seeking increased ratings for his TBI and post-concussive headaches.
- Denied
The Board denied the Veteran's claim for TDIU prior to August 28, 2009, finding that his service-connected disabilities did not prevent him from securing and following substantially gainful employment during this period.
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