The Board granted an earlier effective date of September 14, 2009, for the award of a 30 percent rating for migraines but denied entitlement to an initial rating in excess of 30 percent for vertigo and an effective date earlier than December 27, 2017, for the grant of a separate 30 percent rating for vertigo.
The deciding factor: The decision was based on the evidence showing that the Veteran's vertigo is associated with his service-connected migraines and residuals of TBI, and thus cannot be rated separately under Diagnostic Code 6204. The effective date for the grant of a 30 percent rating for migraines was granted as early as possible given the evidence.
- Claimed conditions
- Vertigo, Migraines, Posttraumatic Stress Disorder (PTSD) with residuals of traumatic brain injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2024
- Citation
- 24003552
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.
- Denied
The Board denied the veteran's claims for service connection for PTSD, COPD, a gastrointestinal disability, and migraines due to lack of evidence supporting a link between these conditions and her military service.
- Partly granted
The Board granted an effective date of April 5, 2018, for the award of service connection for PTSD and denied earlier effective dates for erectile dysfunction, left ear hearing loss, migraines, and other conditions.
- Granted
The Board granted service connection for degenerative arthritis and spinal stenosis of the lumbar spine, degenerative disc disease and spinal stenosis of the cervical spine, migraines, and tinnitus secondary to PTSD.
- Partly granted
The Board granted service connection for lumbar spine disability, as secondary to the Veteran's service-connected left foot crush injury, and sciatic radiculopathy of both lower extremities, also secondary to the newly service-connected lumbar spine disability. The Board denied an initial rating in excess of 70 percent for depressive disorder with unspecified anxiety disorder and a compensable rating for allergic rhinitis.
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