The Veteran's migraines are rated at 50% effective November 4, 2014. The reduction of his TBI rating from 40% to 10% is granted as proper. A rating in excess of 40% for his TBI residuals is denied.
The deciding factor: The Veteran's migraines meet the criteria for a 50% rating based on very frequent and completely prostrating attacks with severe economic inadaptability, which is the maximum schedular rating under DC 8100. The reduction of his TBI rating from 40% to 10% was proper as there has been no sustained material improvement.
- Claimed conditions
- Migraines, Traumatic Brain Injury (TBI) with mild neurocognitive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- May 22, 2020
- Citation
- 20035707
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 20035707.
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 Veteran's initial evaluation for tension headaches to include migraines is granted, with a rating of 50 percent effective from May 23, 2023.
- Remanded (sent back)
The Veteran's claim for a compensable disability rating for tension and migraine headaches is remanded due to the inadequacy of the September 2020 VA examination report, which did not consider the ameliorative effects of medication.
- Denied
The Veteran's appeal for a higher rating for his migraine headaches was denied as the evidence did not show that his migraines were productive of severe economic inadaptability.
- Denied
The Veteran's PTSD with TBI is rated at 70 percent, which is denied as the criteria for a higher rating are not met.
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