The Board denied the claims for initial ratings in excess of 10 percent and 40 percent for degenerative disc disease (DDD) of the lumbar spine status post microdiskectomy and decompression, an initial rating in excess of 10 percent for gastroesophageal reflux disease (GERD), and a separate compensable rating for traumatic brain injury (TBI). However, it granted a 50 percent rating for migraine headaches prior to August 22, 2022.
The deciding factor: The decision was based on the evidence not showing functional limitations that would support higher ratings under the applicable criteria.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the lumbar spine status post microdiskectomy and decompression, Gastroesophageal Reflux Disease (GERD), Migraine Headaches, Traumatic Brain Injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2023
- Citation
- 23000323
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Board granted a 10 percent evaluation for the Veteran's GERD, finding that his condition is productive of daily medications to control dysphagia and is otherwise asymptomatic.
- Granted
The Veteran's effective date for the award of a 100 percent rating for PTSD with alcohol use disorder moderate and TBI was granted as of October 22, 2019.
- Denied
The Board denied earlier effective dates for the grant of service connection and increased evaluations for GERD, sinusitis, allergic rhinitis, and TBI.
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