The Veteran's appeal for an increased rating for his service-connected migraine headaches has been denied. The Board found that the current 50 percent rating is the maximum available under the schedular criteria and that referral for extraschedular consideration was not warranted.,The claim for an earlier effective date for the service-connected migraine headaches has also been denied as there was no determination made in the 2017 rating decision regarding such. The Veteran's attorney raised the issue of TDIU, but the RO did not fully develop this prior to April 2019.
The deciding factor: The Veteran’s migraine headaches are rated at the maximum schedular level (50 percent), and there is no basis for a higher evaluation on an extraschedular basis. The rating criteria do not define 'prostrating,' but the term is used to describe very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.,The 2017 rating decision did not address the issue of an earlier effective date for the service-connected migraine headaches, as no increase was granted. The Veteran's attorney raised the issue of TDIU prior to April 2019, but the RO did not fully develop this claim.
- Claimed conditions
- migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- November 7, 2019
- Citation
- 19184050
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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.
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