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Dismissed

The Veteran's appeal for a higher rating for GERD is dismissed.,A 30 percent disability rating, but no higher, was granted for the service-connected posttraumatic migraine headaches before February 7, 2020. The Veteran is currently receiving the maximum allowable schedular rating for this condition.,For the period on appeal from February 7, 2020 onwards, a higher disability rating for the service-connected posttraumatic migraine headaches was denied.,A separate 10 percent disability rating, but no higher, was granted for left knee instability. The Veteran's left knee flexion is limited to no worse than 110 degrees with pain at full flexion and extension is to 0 degrees. There has been no evidence of ankylosis or semilunar cartilage dislocation.,Service connection was denied for the service-connected left shoulder, right shoulder, left hip, and right hip disabilities.,The Veteran's appeal for increased ratings for his service-connected posttraumatic migraine headaches is remanded. Service connection for TBI residuals as part of PTSD remains pending.,Service connection was denied for the service-connected left hip and right hip disabilities.,The matter regarding service connection for TBI residuals as part of PTSD is referred to the AOJ for clarification.

The deciding factor: The Veteran requested to withdraw his appeal for a higher rating for GERD, indicating satisfaction with the current rating. The RO confirmed this withdrawal and dismissed the appeal.,For the period before February 7, 2020, the Veteran's posttraumatic migraine headaches manifested in attacks occurring on average once per month over several months, which warranted a 30 percent disability rating under DC 8100.,From February 7, 2020 onwards, the Veteran is already receiving the maximum allowable schedular rating for his service-connected posttraumatic migraine headaches (50 percent).,For the entire period on appeal, the left knee disability was manifested by flexion limited to no worse than 110 degrees with pain at full flexion and extension to 0 degrees. There has been no evidence of ankylosis or semilunar cartilage dislocation.,Service connection for TBI residuals as part of PTSD remains pending, but the RO's March 2018 SOC did not address this issue properly.,The Veteran's appeal for increased ratings for his service-connected posttraumatic migraine headaches is remanded due to procedural issues regarding the TBI residuals.,Service connection was denied for left hip and right hip disabilities.,The matter regarding service connection for TBI residuals as part of PTSD is referred to the AOJ for clarification.

Claimed conditions
Gastroesophageal reflux disease (GERD), Posttraumatic migraine headaches, Left knee iliotibial band syndrome, Left knee instability, Left shoulder disability, Right shoulder disability, Left hip disability, Right hip disability
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
30%
Decision date
August 12, 2022
Citation
22045876

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 22045876.

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.

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