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 of October 2, 2005.,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
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 Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Denied
The Board denied the Veteran's appeal for an initial rating in excess of 30 percent for migraines, finding that his symptoms more closely approximate a 30 percent disability rating.
- Remanded (sent back)
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- Denied
The Board denied the veteran's claims for increased ratings and service connection, with the exception of remanding certain issues.
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