The Veteran's claim for an earlier effective date for a 30% disability rating for migraines is denied.,The Veteran's claim for a higher disability evaluation for migraines is denied.,The Veteran's claims for increased evaluations of his cervical spine and right knee are remanded for further examination.,The Veteran's claim for an increased evaluation for his right knee is remanded for further examination.,The Veteran's claim for service connection for squamous cell carcinoma of the right foot is remanded.
The deciding factor: There is no probative medical evidence, nor is it factually ascertainable based upon the Veteran's lay statements, that an increase in his migraine disability preceded the currently assigned effective date of January 13, 2017.,The Veteran has had migraines with characteristic prostrating attacks occurring on average once a month over the last several months throughout the appeal period, corresponding to the criteria for a 30 percent rating under DC 8100. However, there is no evidence of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.,VA examinations assessing the severity of the Veteran's service-connected cervical spine and right knee were inadequate for purposes of adjudicating the increased rating claims.,The VA examiner indicated that the Veteran experiences flare-ups to the extent that he experiences them every day with symptoms of increased swelling. The VA examiner also indicated that there are no new subjective complaints relative to the 2007 VA examination and 2009 neurology note, nor did the VA examiner find that they impacted his ability to work.,The Veteran's currently diagnosed squamous cell carcinoma of the right foot has not been presumptively linked to exposure to contaminated water supply at Camp Lejeune. Service connection is not warranted.
- Claimed conditions
- migraines, degenerative arthritis of the cervical spine, right knee patellofemoral pain syndrome, squamous cell carcinoma of the right foot
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 24, 2024
- Citation
- 24017545
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 24017545.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Dismissed
The appeal concerning the service connection claims for various conditions and initial compensable evaluations for service-connected erectile dysfunction and bilateral hearing loss is dismissed due to the Veteran's death.
- Granted
The Board has granted a 50 percent disability rating for the Veteran's migraines, effective April 30, 2026. The decision found that the Veteran's migraine headaches caused characteristic very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.
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