The Board granted a rating of no more than 20 percent for the cervical spine, right shoulder, and migraine headaches from their respective effective dates, denied ratings in excess of these amounts, and dismissed appeals related to higher ratings.
The deciding factor: The decision was based on the evidence of record and the application of relevant rating criteria, with reasonable doubt resolved in favor of the Veteran where appropriate.
- Claimed conditions
- osteoarthritis of the cervical spine, labral tear, including superior labral anterior-posterior lesion of the right shoulder, migraine headaches (to include migraine variants), degenerative disc disease and osteoarthritis of the lumbar spine, dysphagia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 2, 2024
- Citation
- 24000015
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.
- Partly granted
The Veteran's service connection for left shoulder strain, labral tear, acromioclavicular joint osteoarthritis, and tendinitis was granted, while the effective date prior to November 11, 2023, for migraine headaches was denied.
- Partly granted
The Board denied service connection for dysphagia and remanded the claims for residuals from a colon tumor, gallbladder removal, papillary urethral carcinoma, and heart disability due to potential exposure to herbicide agents and ionizing radiation.
- Granted
The Veteran's dysphagia, diaphragmatic hernia without obstruction or gangrene, and GERD were granted a 30 percent rating from June 30, 2022.
- Remanded (sent back)
The Board remands all service connection claims for additional development, including obtaining a TERA memorandum and new medical opinions.
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