The Veteran's initial rating for migraine headaches is denied as they do not meet the criteria for a higher rating.,For his lumbar spine disability, ratings greater than 10%, 20%, and 40% are denied from November 20, 2015 to June 15, 2021; June 15, 2021 to December 9, 2021; and December 9, 2021 to the present respectively.
The deciding factor: The Veteran's headaches do not meet the criteria for a higher rating as they are neither prolonged nor productive of severe economic inadaptability.,For his lumbar spine disability, the evidence does not show that he has forward flexion between 30 and 60 degrees or combined range of motion greater than 120 degrees.
- Claimed conditions
- Migraine Headaches, Lumbar Spine Degenerative Disc Disease (DDD) and Strain, Traumatic Brain Injury (TBI) and Unspecified Anxiety Disorder with Cannabis Use Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 8, 2022
- Citation
- 22051205
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 22051205.
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 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.
- 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.
- 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.
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