The Veteran's claims for increased ratings for his cervical spine disability, TBI residuals, and migraine headaches were denied as the Veteran did not attend scheduled examinations.
The deciding factor: The Veteran refused to attend scheduled VA examinations necessary to determine the severity of his service-connected disabilities.
- Claimed conditions
- Degenerative joint disease of the cervical spine, Traumatic brain injury (TBI), Migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 9, 2020
- Citation
- 20072081
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted earlier effective dates of November 5, 2021, for the grants of service connection and eligibility for DEA benefits.
- Denied
The Board denied service connection for bilateral hearing loss, hypertension, traumatic brain injury (TBI), and a right shoulder disorder as there was no probative evidence of current disabilities as defined by VA.
- Partly granted
The Board granted an effective date of April 5, 2018, for the award of service connection for PTSD and denied earlier effective dates for erectile dysfunction, left ear hearing loss, migraines, and other conditions.
- Partly granted
The Board granted service connection for posttraumatic stress disorder (PTSD) and migraine headaches, but remanded the claims for a low back disability and related radiculopathies.
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.