The Veteran's migraine headaches are now rated at 50 percent effective February 11, 2013. The gunshot wound right thigh residuals require additional examination to determine the extent of muscle group XIV and XV impairment. Service connection for brain disease is remanded due to insufficient evidence regarding its etiology. TDIU remains inextricably intertwined with the other issues.
The deciding factor: The Veteran's migraine headaches have been found to meet criteria for a 50 percent rating effective February 11, 2013 based on their impact on employment and functional capacity. The gunshot wound right thigh residuals require clarification of which muscle group is more severely impacted by the injury.
- Claimed conditions
- migraine headaches, gunshot wound right thigh, residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- November 5, 2019
- Citation
- 19183328
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
- Partly granted
The Board granted a 30 percent rating for the Veteran's service-connected migraine headaches, but no greater.
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.