The Veteran's service connection claim for headaches is denied as there is no evidence of a headache condition during or related to military service.,Service connection for the lumbar spine disability was granted, but the Veteran's appeal for an increased rating beyond 40 percent from April 12, 2012, is denied. The Board found that the Veteran does not have functional impairment equivalent to ankylosis of the lumbar spine.,The Veteran's claim for TDIU was denied as he is not unable to secure and follow substantially gainful employment due to his service-connected disabilities.
The deciding factor: There is no evidence of a headache condition during or related to military service. The VA examiner found that the headaches are less likely than not caused by the lumbar spine disability.,The Veteran does not have functional impairment equivalent to ankylosis of the lumbar spine, and therefore, the claim for higher ratings beyond 40 percent is denied.,The Veteran's employment status due to his service-connected disabilities does not meet the criteria for TDIU.
- Claimed conditions
- Headaches, Lumbar Spondylitis with Degenerative Disc Disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 15, 2021
- Citation
- 21074449
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 21074449.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.
- Granted
The Veteran's headaches, which manifested as very frequent and prolonged attacks causing severe economic inadaptability, are granted a 50 percent disability rating for the entire period on appeal.
- Remanded (sent back)
The Veteran seeks an earlier effective date for a 30 percent disability rating for his service-connected headaches, which was awarded with a noncompensable rating at 0 percent. The Board is remanding the claim due to inadequate examination and the need for a new VA examination to evaluate the severity of the Veteran's headaches without considering the ameliorating effects of any medication.
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