The Veteran's migraine headaches were granted a higher initial rating of 30 percent effective May 10, 2011. The appellant was awarded attorney fees based on the total award of past-due benefits awarded to the Veteran in the December 2013 rating decision, prior to the withholding for military retired pay.
The deciding factor: The Court held that attorney fees are based on the total award of past-due benefits granted by VA, not the amount the Veteran is actually entitled to receive.
- Claimed conditions
- migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- November 23, 2020
- Citation
- 20074817
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 migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
- Partly granted
The Board granted a 30 percent rating for the Veteran's service-connected migraine headaches, but no greater.
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