The Veteran's migraine headaches are rated at the maximum schedular evaluation of 50 percent, and extraschedular consideration is not warranted.,The Veteran’s degenerative arthritis of the lumbar spine does not meet or approximate the criteria for a higher rating than the current 40 percent evaluation.,The Veteran's radiculopathy of the lower right extremity warrants a 20 percent rating, and his radiculopathy of the lower left extremity is rated at 20 percent.,The Veteran’s residuals of a right foot fracture are rated at the maximum schedular evaluation of 10 percent, and his residuals of a left foot fracture are also rated at 10 percent.,The Veteran's tinnitus is rated at the maximum schedular evaluation of 10 percent.,All remaining issues have been remanded for further development.

The deciding factor: The Veteran’s migraine headaches meet the criteria for a 50 percent rating under Diagnostic Code 8100, as he experiences very frequent prostrating attacks that are productive of severe economic inadaptability. The current evaluation is meant to compensate him for this level of disability.,The Veteran's degenerative arthritis does not result in ankylosis or forward flexion limited to 30 degrees or less, which would warrant a higher rating under the General Rating Formula for Diseases and Injuries of the Spine. His range of motion is reduced by pain during use, but this does not meet the criteria for a higher evaluation.,The Veteran's radiculopathy meets the criteria for a 20 percent rating as it results in moderate severity, warranting a separate 20 percent rating for each affected extremity.,The Veteran’s foot fractures are rated at the maximum schedular evaluations of 10 percent due to their current severity and lack of additional functional loss or impairment.,The Veteran's tinnitus is rated at the maximum schedular evaluation of 10 percent, as it does not meet the criteria for a higher rating based on frequency or severity.,All remaining issues have been remanded because they involve new evidence or require further development to determine their merits.

Claimed conditions

migraine headaches, degenerative arthritis of the lumbar spine, radiculopathy of the lower right extremity, radiculopathy of the lower left extremity, residuals of a right foot fracture, residuals of a left foot fracture, tinnitus

How they argued it

Not specified

Exposure basis

None

Rating assigned

None in this decision

Decision date

May 28, 2020

Citation

20036642

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 20036642.