The Veteran's appeal for an initial rating higher than 10 percent for right knee tendonitis is dismissed.,Service connection for a brain disability is granted, with the benefit of doubt given in favor of the Veteran.,An initial 30 percent rating for GERD with chronic liver disease is granted for the entire period on appeal.,Prior to January 25, 2012, an initial 50 percent rating for migraine headaches is granted. From December 26, 2017 and thereafter, a 50 percent rating is granted.,The Veteran's right knee scars are not painful, unstable, or have covered 144 square inches (929 sq. com.) or greater.
The deciding factor: In February 2020, the Veteran requested to withdraw his appeal for an initial rating higher than 10 percent for right knee tendonitis.,The evidence is at least in equipoise as to whether the Veteran's brain disability is related to service. The Board grants direct service connection for the Veteran's brain disability based on the May 2021 VA medical opinion.,For the entire period on appeal, the Veteran's GERD more nearly approximates persistently recurrent epigastric distress with dysphagia, pyrosis (heartburn), and regurgitation (reflux), accompanied by substernal or arm or shoulder pain, productive of considerable impairment of health. The 30 percent rating is granted.,Prior to January 25, 2012, the Veteran's migraine headaches more nearly approximate very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. A 50 percent rating is granted for this period.,From December 26, 2017 and thereafter, the Veteran's migraine headaches more nearly approximate very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. A 50 percent rating is granted for this period.
- Claimed conditions
- Right Knee Tendonitis, Brain Disability (Cerebellar Ependymoma), Gastroesophageal Reflux Disease (GERD) with Chronic Liver Disease, Migraine Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- February 17, 2022
- Citation
- 22009704
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 22009704.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 50% disability rating for migraine headaches was restored as the evidence did not show actual improvement in his ability to function under ordinary conditions of life and work.
- Granted
The Veteran's migraine headaches are rated at a 50 percent rating, effective December 3, 2021, due to frequent and severe attacks that significantly impact his ability to work.
- Dismissed
The Veteran's appeal for an increased rating of erectile dysfunction was dismissed. A rating of 50 percent, and no higher, for migraines is granted. An initial rating of 30 percent, and no higher, for IBS is granted. Service connection for hypertension is remanded.
- Granted
The Veteran's service-connected PTSD alone is sufficient to grant a TDIU, and his other service-connected disabilities are at least 60% combined. The Veteran also meets the criteria for SMC based on housebound status.
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