The Veteran's initial compensable disability rating for chronic headaches prior to June 17, 2013, is denied. The Board finds that the evidence does not support a finding of prostrating attacks averaging one in two months or more frequently.
The deciding factor: The January 2012 VA examiner found characteristic prostrating attacks of migraine headache pain less than once every two months on average, which is consistent with the current noncompensable disability rating.
- Claimed conditions
- Chronic Headaches, Degenerative Disc Disease (DDD) of the thoracolumbar spine, Bilateral lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 7, 2023
- Citation
- 23007914
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 23007914.
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.
- Remanded (sent back)
The Veteran's claim for a compensable disability rating for chronic headaches is remanded due to the need for a new medical examination to assess the frequency and severity of his headaches, including without medication.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a VA examiner's opinion regarding whether his service-connected disabilities result in loss of use and if so, whether he requires aid and attendance without considering such disability/ies. The Veteran also needs to be considered for SMC R1 based on the need for regular aid and attendance.
- Denied
The Veteran's claims for service connection for bilateral lower extremity radiculopathy on the basis of CUE in the February 1996 rating decision have been denied. The May 2022 rating decision is also dismissed as it failed to grant service connection.
- Granted
The Veteran's chronic headaches have been rated at 30 percent since June 24, 2019. The Board has now granted a 50 percent rating effective January 6, 2020.
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