The Board denied an initial rating in excess of 30 percent for chronic recurrent tenso-vascular headaches prior to August 30, 2016, and an initial rating in excess of 10 percent for a cervical spine disability prior to November 13, 2018. However, the Board granted separate 10 percent ratings for left and right foot callosities from September 5, 2007, to March 6, 2023, and separate 30 percent ratings for both feet starting March 7, 2023.
The deciding factor: The evidence did not support a finding that the Veteran's headaches were indicative of or capable of producing severe economic inadaptability prior to August 2016. For the cervical spine disability, there was no evidence of incapacitating episodes and thus the General Rating Formula for Diseases and Injuries of the Spine was used.
- Claimed conditions
- chronic recurrent tenso-vascular headaches, cervical spine disability, left foot callosities, right foot callosities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2024
- Citation
- 24000212
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 Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
- Granted
The Board granted service connection for multiple disabilities, including cervical spine and thoracolumbar spine disabilities, radiculopathies, a bladder disability, headaches, a left knee disability, an acquired psychiatric disorder, and bilateral conjunctivitis. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disability.
- Remanded (sent back)
The Board remands the claim for a cervical spine disability to obtain an addendum medical opinion addressing the Veteran's in-service treatment for pack palsy with residual weakness.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.