The Veteran's unspecified headaches have not been manifested by characteristic prostrating attacks averaging once every two months, and thus an initial compensable rating is denied.,Benign paroxysmal positional vertigo as a residual of TBI has been manifested by occasional dizziness since January 15, 2016, and a separate 10 percent disability rating is granted effective from that date.,The residuals of TBI, to include insomnia, have not been manifested by inappropriate social interactions most or all of the time, but are in equipoise as to whether they were frequently inappropriate social interactions. An initial 40 percent disability rating for these residuals is granted effective from January 15, 2016, to October 12, 2020.,The Veteran's insomnia has not been manifested by inappropriate social interactions most or all of the time, but are in equipoise as to whether they were frequently inappropriate social interactions. An initial 40 percent disability rating for these residuals is granted effective from January 15, 2016, to October 12, 2020.
The deciding factor: The Veteran's symptoms do not meet the criteria for a compensable or higher rating under Diagnostic Code 8100 for unspecified headaches and the residuals of TBI have been evaluated based on their specific manifestations.
- Claimed conditions
- unspecified headaches, benign paroxysmal positional vertigo (BPV) as a residual of TBI, insomnia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2021
- Citation
- 21030801
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 21030801.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for service connection of insomnia was denied, and the effective date is set to the date of receipt of the claim (May 31, 2024).
- Granted
The Veteran's service-connected PTSD, major depression, generalized anxiety disorder, insomnia and alcohol use disorder caused his sleep apnea.
- Dismissed
The Veteran withdrew his appeals regarding the claims of entitlement to a compensable disability evaluation for bilateral hearing loss, service connection for anterior uveitis, right eye, and service connection for restless leg syndrome, RLE. The claim for service connection for insomnia is dismissed as moot because it was granted with an effective date based on the date of the Veteran's application.
- Granted
The Board has granted service connection for PTSD, major depressive disorder, generalized anxiety disorder, insomnia, unspecified psychosis, arthritis of the lumbar spine, degenerative disc disease, multilevel spinal stenosis, and arthritis of the cervical spine and degenerative disc disease. The diagnoses are linked to in-service physical assaults.
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