The Veteran's headaches increased rating claim is dismissed as moot due to the assignment of a total disability rating based on individual unemployability (TDIU) for his service-connected headaches.,SMC benefits are granted from March 20, 2014, given that the Veteran has a service-connected disability rated as total and additional disabilities independently ratable at 60 percent or more.
The deciding factor: The Veteran's TDIU was assigned solely based on his headaches, which means he is already receiving compensation for this condition.,The Veteran has additional service-connected disabilities (major depressive disorder and tinnitus) that are independently ratable at 60 percent or more.
- Claimed conditions
- Tension headaches with migraines, Obstructive sleep apnea, Degenerative arthritis of the spine, Degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 3, 2020
- Citation
- 20070738
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 20070738.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's low back disability is currently rated at 20 percent, and the claim for a higher rating is denied. The left shoulder disability is also rated at 20 percent, but there are no incapacitating episodes to warrant a higher rating under the IVDS Formula. The TDIU claim is remanded.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected residuals of left foot 5th metatarsal fracture.
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