The Veteran's migraine disorder is not entitled to a compensable evaluation prior to March 22, 2019 and is only rated at 30 percent thereafter. The Veteran's lumbosacral strain with degenerative arthritis remains rated at 40 percent.,The Veteran's service-connected conditions are being remanded for further development.
The deciding factor: The evidence does not support a compensable evaluation prior to March 22, 2019 for the Veteran's migraine disorder due to lack of characteristic prostrating attacks. The Veteran is currently rated at 30 percent thereafter which is the maximum schedular rating.,The Veteran's lumbosacral strain with degenerative arthritis remains rated at 40 percent as there is no evidence of unfavorable ankylosis.
- Claimed conditions
- Migraine Disorder, Lumbosacral Strain with Degenerative Arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 27, 2021
- Citation
- 21076608
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 21076608.
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.
- Dismissed
The Board has dismissed the Veteran's appeals for increased ratings and earlier effective dates in several of his claims, including those related to TBI, left shoulder, lumbosacral strain with degenerative arthritis, posttraumatic migraine headaches, and TDIU. The issues have been remanded for further examination and evaluation.
- Granted
The Board has granted the Veteran's waiver of recovery of overpayment of VA disability compensation benefits in the amount of $5,578.26 due to financial hardship and unjust enrichment.
- Granted
The Veteran's service-connected PTSD, left knee strain, and lumbosacral strain with degenerative arthritis have rendered him unable to secure or follow a substantially gainful occupation since August 2018.
- Granted
The Veteran's migraine disorder is currently rated at 50 percent disabling, the highest schedular rating available under DC 8100. The Board has granted a higher disability rating for this condition.
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