The Veteran's service connection for migraine headaches and disability ratings for low back, right and left lower extremity radiculopathy were granted, while the claim for a higher rating for right lower extremity radiculopathy was denied. The Board also granted entitlement to TDIU.
The deciding factor: The decision was based on clear and unmistakable evidence that the Veteran's migraine headaches preexisted service but were not aggravated by it, and resolving reasonable doubt in favor of the Veteran, his current disability is related to service. For the low back and radiculopathy disabilities, the ratings reflect the severity of symptoms as documented during the relevant periods.
- Claimed conditions
- migraine headaches, intervertebral disc syndrome (low back disability), right lower extremity radiculopathy, left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2024
- Citation
- 24001051
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.
- Granted
The Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
- Partly granted
The Board granted a 30 percent rating for the Veteran's service-connected migraine headaches, but no greater.
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