The Board granted an initial 20 percent rating for the cervical spine disability from August 1, 2014 to August 3, 2017 and a separate 30 percent and 40 percent ratings effective August 15, 2020 for cervical radiculopathy of the left and right upper extremities respectively. The claims for higher initial ratings for fibromyalgia and migraine headaches were denied.
The deciding factor: The decision was based on the clinical findings that did not meet the criteria for a higher rating at any point during the appeal period, except for the periods when temporary total ratings were granted post-surgery.
- Claimed conditions
- status-post cervical herniation with intervertebral disc syndrome (IVDS) and degenerative arthritis, fibromyalgia, migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2022
- Citation
- 22001329
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for scarring, right orchiopexy and remanded the claim of asbestos exposure residuals. Other claims for service connection were denied.
- Granted
The Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
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