The Veteran's appeal for increased ratings and earlier effective dates was denied. The issues of service connection for TBI, migraine headaches, and right foot hallux valgus with foot injury status post fusion surgery were all denied as the Veteran did not file a claim prior to January 6, 2017.
The deciding factor: The Veteran's claims for earlier effective dates were based on the assumption that service connection had already been established. However, since the Veteran did not file a claim for TBI or migraine headaches prior to January 6, 2017, and her original claim of service connection was denied in August 2009 without any new evidence being submitted within one year, no effective date earlier than January 6, 2017, could be granted.
- Claimed conditions
- Residuals of right foot injury with impairment of the musculocutaneous nerve, Right foot hallux valgus with foot injury status post fusion surgery, Right foot surgical scar, Residuals of traumatic brain injury (TBI), Migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 23, 2024
- Citation
- 24009063
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. Read the original VA decision (opens in a new tab) using citation 24009063.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: Dismissed
The Veteran's appeals for service connection and increased ratings were dismissed due to an improper concurrent election.
- Whole decision: Granted
The Veteran's 50% disability evaluation for migraine headaches was restored to May 12, 2021 after the reduction in rating was found not proper.
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