The Veteran's claim for an increased rating for his migraine headaches disability was denied as the increase in severity did not occur within a year prior to the date of the claim, and he is already receiving the maximum schedular rating.
The deciding factor: The increase in severity of the Veteran’s migraine headaches occurred after the claim was filed, so the effective date is based on when the increase in disability is shown to have occurred (date entitlement arose).
- Claimed conditions
- Migraines
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- January 28, 2020
- Citation
- 20006477
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.
- Denied
The Board denied the veteran's claims for service connection for PTSD, COPD, a gastrointestinal disability, and migraines due to lack of evidence supporting a link between these conditions and her military service.
- Partly granted
The Board granted an effective date of April 5, 2018, for the award of service connection for PTSD and denied earlier effective dates for erectile dysfunction, left ear hearing loss, migraines, and other conditions.
- Granted
The Board granted service connection for degenerative arthritis and spinal stenosis of the lumbar spine, degenerative disc disease and spinal stenosis of the cervical spine, migraines, and tinnitus secondary to PTSD.
- Partly granted
The Board granted service connection for residuals of a traumatic brain injury and special monthly compensation based on the need of regular aid and attendance, while remanding the issue of service connection for a seizures disorder.
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