The Veteran was granted a 50% initial rating for migraine headaches.,An effective date of October 2, 2005, but no earlier, was granted for the grant of service connection for irritable bowel syndrome (IBS).,An effective date of October 2, 2005, but no earlier, was granted for the grant of service connection for malaria on the basis of clear and unmistakable error (CUE) in an August 2007 Rating Decision.,The Veteran's claim for a compensable rating for malaria is remanded.
The deciding factor: The Veteran’s migraines have been manifested by very frequent headaches that are completely prostrating, prolonged, and productive of severe economic inadaptability. The VA examiner noted the Veteran had very frequent prostrating and prolonged attacks.,The evidence shows for the entire appeal period that the Veteran’s IBS caused constant bowel movements 4 to 5 times a day. Additional relevant service department records were received relating to the Veteran's claim, which did not become final with respect to IBS.,The August 2007 Rating Decision incorrectly denied service connection for malaria due to active malaria within one year of separating from service and within a year of filing his initial claim for service connection. The Board concluded that there was clear and unmistakable error (CUE) in the decision, warranting an earlier effective date.,The Veteran's malaria currently causes residual damage or conditions, including possible liver or spleen damage.
- Claimed conditions
- migraines, irritable bowel syndrome (IBS), malaria
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- November 13, 2019
- Citation
- 19185174
Veterans Law Judge
Decisions by this judge: 2,249 · Granted: 37% (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 19185174.
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.
- Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
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