The Veteran's claim for a higher rating for DDD of the cervical spine status post cervical sprain was denied as there was no unadjudicated formal or informal claim prior to August 15, 2018.,The effective date for service connection for radiculopathy of the left and right upper extremities was set at October 31, 2017 due to new evidence received within one year of a previous rating decision.,The Veteran's claim for a higher rating for migraine headaches was denied as he is already receiving the maximum schedular rating under Diagnostic Code 8100.,The Veteran's claim for a higher rating for DDD of the cervical spine status post cervical sprain was denied as there was no unadjudicated formal or informal claim prior to August 15, 2018.
The deciding factor: There were no unadjudicated claims prior to August 15, 2018 for the DDD of the cervical spine status post cervical sprain.,The new evidence received within one year of the June 2018 rating decision rendered the previous denial non-final and allowed for an earlier effective date of October 31, 2017.,The Veteran's claim for a higher rating for migraine headaches was denied as he is already receiving the maximum schedular rating under Diagnostic Code 8100.,There were no unadjudicated claims prior to August 15, 2018 for the DDD of the cervical spine status post cervical sprain.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the cervical spine status post cervical sprain, Radiculopathy of the left upper extremity, Radiculopathy of the right upper extremity, Migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 27, 2024
- Citation
- A24015015
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. Look up the original decision on VA.gov (opens in a new tab) using citation A24015015.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- Dismissed
The Veteran's appeals for service connection and increased ratings were dismissed due to an improper concurrent election.
- 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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