The Board dismissed the Veteran's appeal for an earlier effective date of July 24, 2017, for a 30 percent initial evaluation for service-connected migraine headaches because the April 2018 rating decision did not address any issues and was merely implementing the February 2018 Board decision.
The deciding factor: The April 2018 rating decision implemented the February 2018 Board decision, which addressed the issue of an effective date for a 30 percent initial evaluation for service-connected migraine headaches. The April 2018 decision did not address any questions of fact or law and was therefore non-adjudicative.
- Claimed conditions
- migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2020
- Citation
- 20000752
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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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