The Veteran's claim for service connection for migraines was granted with an effective date of January 4, 2019. This is the earliest possible effective date as it comes after the initial denial in October 2017 and within one year of her resubmitted intent to file a claim.
The deciding factor: The Veteran submitted a valid claim for service connection for migraines on January 4, 2019, which was more than one year after she initially filed an intent to file in March 2018. The effective date is set at the earliest possible date of January 4, 2019.
- Claimed conditions
- migraines
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 9, 2020
- Citation
- A20018238
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)
The Board remands the claim for service connection for migraines, including as secondary to cervical strain, due to pre-decisional duty to assist errors in not translating relevant Spanish documents and ensuring a VA examiner considered all evidence.
- Partly granted
The Board granted a restoration of the separate 10 percent rating for vertigo, an earlier effective date for service connection for vertigo and migraines, and a 30 percent rating for hypothyroidism with heart murmur. The decision also denied an earlier effective date for hypertension and remanded claims for obesity, obstructive sleep apnea, and individual unemployability.
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