The Veteran's appeal for a higher rating for migraine headaches and an earlier effective date for service connection for bilateral lower extremity radiculopathy was denied. The Board found that the current schedular ratings adequately considered her symptoms, and there were no grounds for revision on the grounds of clear and unmistakable error.
The deciding factor: The Veteran's migraines are rated based on their severity under the applicable diagnostic code, which does not allow for a higher rating due to the severity of her attacks. The effective date claim was denied as the RO properly assigned separate ratings for IVDS and associated radiculopathy at the time of the January 2001 rating decision.
- Claimed conditions
- Migraine headaches, Degenerative disc disease (DDD) of the lumbar spine, Bilateral lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- March 3, 2022
- Citation
- 22012365
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 22012365.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service connection claims for traumatic brain injury and migraine headaches due to right eye removal are granted. The claim for a compensable evaluation of xeroderma of the right eye is remanded.
- Denied
The Board denied an increased initial disability rating for migraine headaches, finding that the Veteran's symptoms did not meet the criteria for a 50% rating due to lack of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.
- Dismissed
The Veteran's appeals for service connection and increased ratings were dismissed due to an improper concurrent election.
- Granted
The Veteran's 50% disability evaluation for migraine headaches was restored to May 12, 2021 after the reduction in rating was found not proper.
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