The appeal seeking an increased rating greater than 50 percent for service-connected migraine headaches is dismissed.,The appeals seeking an increased ratings for left and right ankle limitations of motion, tinnitus, and allergic rhinitis (claimed as sinusitis) are dismissed.,An extraschedular total disability rating due to individual unemployability (TDIU) is granted solely due to the Veteran’s service-connected migraine headaches and residuals of a traumatic brain injury, subject to the laws and regulations governing the award of monetary benefits.
The deciding factor: The Veteran testified that he was seeking a withdrawal of his appeal for an increased rating greater than 50 percent for service-connected migraines.,VA added these issues without first adjudicating them in a rating decision, and the Veteran did not file a Notice of Disagreement (NOD) related to these issues.,The competent and probative evidence established that the Veteran’s service-connected migraine headaches and other residuals of traumatic brain injury precluded him from securing or following a substantially gainful occupation.
- Claimed conditions
- migraine headaches, left shoulder degenerative joint disease with chronic tendonitis, service-connected tinnitus, allergic rhinitis (claimed as sinusitis)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 6, 2020
- Citation
- 20031716
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20031716.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has remanded the cases for additional development due to incomplete medical records and insufficient opinions regarding the relationship between service, including a stick injury in England, and current left eye disability (including amblyopia and cataracts) as well as migraine headaches.
- Granted
The Veteran's migraine headaches are productive of very frequent, completely prostrating and prolonged attacks capable of producing severe economic inadaptability. The Board has granted a 50 percent disability rating for the Veteran's service-connected migraine headaches.
- Granted
The Veteran's claim for a higher rating for his service-connected migraine headaches was granted with an effective date of February 28, 2023.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.