The Veteran's application to reopen the previously denied claim for entitlement to service connection for a headache disability is granted. The application to reopen the previously denied claim for entitlement to service connection for a cervical spine disability is denied.
The deciding factor: New and material evidence was submitted that supports reopening the claim for service connection for a headache disability, but no new or material evidence was found for the cervical spine disability.
- Claimed conditions
- Headache disability, Cervical spine disability, Right wrist disability, Left wrist disability, Right foot disability, Left foot disability, Obstructive sleep apnea, Right ankle disability, Residuals of TBI, Brain tumor
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2023
- Citation
- 23020636
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 23020636.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Denied
The Veteran's right and left foot disabilities are currently rated at 10 percent each, but the Board found that they do not meet or approximate the criteria for a higher rating under any applicable diagnostic codes.
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