The Veteran's appeal for a higher rating for acute intermittent tension headaches has been dismissed. The claim for SMC based on the need for regular aid and attendance was denied as his service-connected disabilities did not render him helpless enough to require such assistance.
The deciding factor: The Veteran's service-connected TBI with depressive disorder and tension headaches did not result in the frequent need to adjust a special prosthetic or orthopedic appliance, anatomical loss of use, blindness, or permanent bedridden status. Therefore, he was not in need of regular aid and attendance.
- Claimed conditions
- Acute Intermittent Tension Headaches, Traumatic Brain Injury with Depressive Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- November 3, 2021
- Citation
- A21017810
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 A21017810.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for an initial compensable rating for acute intermittent tension headaches is remanded due to a duty to assist error in the November 2020 VA examination.
- Denied
The Veteran's acute intermittent tension headaches are not manifested by very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability, so an initial disability rating in excess of 30 percent is denied. The evidence is in equipoise as to whether the Veteran has benign paroxysmal positional vertigo as a residual of TBI, resulting in an initial separate 10 percent disability rating for this condition effective August 15, 2018. An initial separate 70 percent disability rating for TBI based on apraxia is granted since August 15, 2018.
- Dismissed
The Veteran's appeal for a compensable rating for acute intermittent tension headaches has been dismissed due to the Veteran's death.
- Granted
The Veteran's service-connected headache disability is granted a 10 percent rating, effective from the date of the decision.
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