The Veteran's claims for increased ratings were granted. The 50 percent rating for migraine headaches was confirmed, the 40 percent rating for TMJ was restored to July 16, 2013, and service connection for sinusitis with an effective date earlier than April 30, 2012 was established.
The deciding factor: The Veteran's symptoms of very frequent prostrating attacks of migraine headaches were found to be productive of severe economic inadaptability. The reduction of the TMJ rating was deemed improper due to inadequate examination and lack of sustained improvement. Service connection for sinusitis with an effective date earlier than April 30, 2012 was granted based on a diagnosis from VA records.
- Claimed conditions
- migraine headaches, temporomandibular joint syndrome (TMJ), sinusitis, allergic rhinitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- December 29, 2021
- Citation
- 21077491
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 21077491.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has remanded the cases for additional development due to incomplete medical records and insufficient opinions regarding the relationship between service, including a stick injury in England, and current left eye disability (including amblyopia and cataracts) as well as migraine headaches.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Remanded (sent back)
The Board has found a pre-decisional duty to assist error and has ordered the case back to the AOJ for proper notice regarding the Veteran's right to a hearing.
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