The Veteran's cervical strain is currently rated at 20 percent, but the Board finds no evidence of ankylosis or intervertebral disc syndrome (IVDS).,Right sided otalgia does not meet criteria for a compensable evaluation as there is no evidence of chronic suppurative otitis media, mastoiditis, cholesteatoma, or aural polyps.,Migraine headaches do not meet the criteria for a compensable evaluation under DC 8100.,Squamous cell carcinoma with lymphedema in remission does not meet criteria for a compensable evaluation as it is not comparable to systemic malignancies.,Neck neuralgia does not meet criteria for a compensable evaluation as it has not manifested as moderate incomplete paralysis.,Loss of sense of smell and taste do not meet criteria for a compensable evaluation as they are only partial loss without evidence of complete loss.,TDIU is denied due to the Veteran's service-connected disabilities.
The deciding factor: The Veteran's cervical strain, right sided otalgia, migraine headaches, squamous cell carcinoma with lymphedema in remission, neck neuralgia, hypogeusia (loss of smell), and dysgeusia (loss of taste) do not meet the criteria for a compensable evaluation under applicable rating criteria.
- Claimed conditions
- Cervical strain, Right sided otalgia, Migraine headaches, Squamous cell carcinoma with lymphedema in remission (claimed as cancer - tonsil / tongue / lymph node), Neck neuralgia, Hypogeusia (loss of smell), Dysgeusia (loss of taste)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 26, 2023
- Citation
- 23053569
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 23053569.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for an initial disability rating in excess of 10 percent for cervical strain, service connection for left leg pain (claimed as joint pain), and service connection for a left ear hearing condition are being remanded due to duty-to-assist errors.
- Granted
The Veteran's service connection claims for traumatic brain injury and migraine headaches due to right eye removal are granted. The claim for a compensable evaluation of xeroderma of the right eye is remanded.
- Denied
The Board denied an increased initial disability rating for migraine headaches, finding that the Veteran's symptoms did not meet the criteria for a 50% rating due to lack of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.
- Granted
The Board has granted service connection for cervical strain, low back disability, bilateral upper extremity peripheral nerve disability, and bilateral lower extremity peripheral nerve disability. The conditions are related to the Veteran's active service.
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