The Veteran's claims for increased ratings and service connection were denied. The claim for a temporary total rating due to convalescence was also denied, as the surgery did not require at least one month of convalescence. The hypertension claim resulted in a 20% evaluation from February 10, 2006 to April 21, 2018 and a denial for higher ratings thereafter. Migraine headaches were found not to meet criteria for a rating in excess of 30%. TMJ was denied a compensable evaluation. Right and left Achilles tendonitis and right healed metatarsal stress fracture with metatarsalgia were each denied evaluations in excess of 20%. Left knee strain was also denied an evaluation in excess of 10%. Service connection for screw and dental implant, as well as bilateral hearing loss disability, was not reopened.
The deciding factor: The Veteran's hypertension approximated criteria for a 20% rating prior to April 21, 2018 but did not meet the criteria for higher ratings. Migraine headaches were found not to be productive of very frequent completely prostrating and prolonged attacks. TMJ was not shown to have functional impairment warranting a compensable evaluation.
- Claimed conditions
- hypertension, migraine headaches, temporomandibular joint dysfunction (TMJ), right achilles tendonitis, left achilles tendonitis, right healed metatarsal stress fracture with metatarsalgia, left knee strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 10, 2020
- Citation
- 20078110
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 20078110.
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
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- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
- Remanded (sent back)
The Board has remanded the claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
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