The Board has dismissed the appeal for an initial compensable rating for migraines, prior to October 2, 2013, and to a rating higher than 10 percent, thereafter. The Veteran opted into the AMA review system but the legacy appeal is no longer considered as this decision only pertains to the legacy system.
The deciding factor: The Veteran's request for an increased rating for migraines was dismissed because he opted into the AMA review system, which means his legacy appeal under the old framework is no longer considered by the Board.
- Claimed conditions
- Migraines
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 20, 2021
- Citation
- 21075252
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 21075252.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's initial evaluation for tension headaches to include migraines is granted, with a rating of 50 percent effective from May 23, 2023.
- Remanded (sent back)
The Veteran's claim for a compensable disability rating for tension and migraine headaches is remanded due to the inadequacy of the September 2020 VA examination report, which did not consider the ameliorative effects of medication.
- Denied
The Veteran's appeal for a higher rating for his migraine headaches was denied as the evidence did not show that his migraines were productive of severe economic inadaptability.
- Denied
The Veteran's PTSD with TBI is rated at 70 percent, which is denied as the criteria for a higher rating are not met.
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