The Veteran's initial compensable rating for migraines prior to November 4, 2021 is denied.,The Veteran's lumbar paraspinal tendonitis (back disability) has been rated at 40 percent since September 15, 2009. The issue of a higher rating remains pending.
The deciding factor: The VA examinations and medical records did not provide sufficient evidence to support the assignment of a higher rating for migraines prior to November 4, 2021 or for lumbar paraspinal tendonitis (back disability).
- Claimed conditions
- Migraines, Lumbar Paraspinal Tendonitis (Back Disability), Left Knee Patellar Tendonitis, Right Knee Patellar Tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 25, 2022
- Citation
- 22042296
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 22042296.
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.
- Granted
The Veteran's initial evaluation for tension headaches to include migraines is granted, with a rating of 50 percent effective from May 23, 2023.
- Remanded (sent back)
The Veteran's claim for a compensable disability rating for tension and migraine headaches is remanded due to the inadequacy of the September 2020 VA examination report, which did not consider the ameliorative effects of medication.
- Denied
The Veteran's appeal for a higher rating for his migraine headaches was denied as the evidence did not show that his migraines were productive of severe economic inadaptability.
- Denied
The Veteran's PTSD with TBI is rated at 70 percent, which is denied as the criteria for a higher rating are not met.
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