The Board has restored the ratings of 30 percent for migraine headache disability and 50 percent for unspecified depressive disorder, as the reduction was not proper due to improper notification of VA examinations.
The deciding factor: The Veteran did not receive proper notice of his VA examinations or proposed rating reductions, leading to a flawed process.
- Claimed conditions
- migraine headache disability, unspecified depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2020
- Citation
- A20015734
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 Board granted a 70 percent rating for the Veteran's unspecified depressive disorder, finding that her symptoms more closely approximated those required for such a rating.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder, to include major depressive disorder, mood disorder, and unspecified depressive disorder due to pre-decisional duty to assist errors.
- Granted
The Board granted service connection for an acquired psychiatric disorder, variously diagnosed as unspecified depressive disorder and major depressive disorder.
- Partly granted
The Board granted an effective date of February 7, 2020, for the award of a 70 percent rating for unspecified depressive disorder and TDIU, but denied earlier effective dates for other conditions.
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