The Veteran's entitlement to a 50 percent rating for residuals of head injury (headaches) prior to December 9, 2019 is granted. The Veteran's entitlement to an initial rating in excess of 30 percent for residuals of head injury (headaches) and to an initial rating in excess of 10 percent for a lumbar spine disability prior to December 11, 2017 are denied. The cervical spine disability issue is remanded.
The deciding factor: The Veteran's headaches have manifested with very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability prior to December 9, 2019, warranting a 50 percent rating.
- Claimed conditions
- Headaches, Lumbar Spine Disability, Cervical Spine Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 7, 2022
- Citation
- 22038909
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 22038909.
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.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Granted
The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.
- Granted
The Veteran's headaches, which manifested as very frequent and prolonged attacks causing severe economic inadaptability, are granted a 50 percent disability rating for the entire period on appeal.
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