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Granted

Service connection for migraine headache disability is granted.,Service connection for right ankle disability is dismissed.,An effective date of August 30, 2017, but no earlier, is granted for service connection for right lower extremity radiculopathy.,An effective date prior to March 29, 2018 is denied for the increased evaluation of panic disorder without agoraphobia.

The deciding factor: The Veteran's current migraine headache disability began in service and has continued since service. The Board finds that the Veteran has a current migraine headache diagnosis that began during active service and that service connection is therefore warranted.,In April 2022 written correspondence, the Veteran's representative unambiguously withdrew the appeal for entitlement to service connection for a right ankle disability.,The Veteran submitted an increased rating claim for the low back that was received by VA on March 29, 2018. After resolving reasonable doubt in the Veteran's favor, it is factually ascertainable that the Veteran's low back disability worsened such that it involved right lower extremity radiculopathy as of August 30, 2017, which is during the one year period prior to the date of claim.,The Veteran submitted an increased rating claim for service connected panic disorder without agoraphobia that was received by VA on March 29, 2018. There was no prior formal or informal unadjudicated claim for service connection for right lower extremity radiculopathy and it is not factually ascertainable that the Veteran's panic disorder had worsened in severity during the one year period prior to the date of claim.

Claimed conditions
migraine headache, right lower extremity radiculopathy, panic disorder without agoraphobia
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
30%
Decision date
October 31, 2022
Citation
22061007

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