The Veteran's migraine headaches are currently rated at 50 percent, the maximum schedular rating under Diagnostic Code 8100. The Board finds that a higher rating is not warranted as his symptoms do not meet or approximate the criteria for a higher rating.,The Veteran's lumbar spine disability has been reduced to 40 percent from 40 percent and then to 10 percent, with no further increase possible under Diagnostic Code 5239. The Board finds that a higher rating is not warranted as his symptoms do not meet or approximate the criteria for a higher rating.
The deciding factor: The Veteran's migraine headaches are currently rated at the maximum schedular rating of 50 percent, which contemplates very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. The evidence does not show specific symptoms not contemplated by the rating criteria.,The Veteran's lumbar spine disability has been reduced to 10 percent from 40 percent and then to 40 percent, with no further increase possible under Diagnostic Code 5239. The Board finds that a higher rating is not warranted as his symptoms do not meet or approximate the criteria for a higher rating.
- Claimed conditions
- Migraine Headaches, Lumbar Spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 16, 2024
- Citation
- A24025979
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 A24025979.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's 50% disability rating for migraine headaches was restored as the evidence did not show actual improvement in his ability to function under ordinary conditions of life and work.
- Granted
The Veteran's migraine headaches are rated at a 50 percent rating, effective December 3, 2021, due to frequent and severe attacks that significantly impact his ability to work.
- Granted
The Veteran's service-connected PTSD alone is sufficient to grant a TDIU, and his other service-connected disabilities are at least 60% combined. The Veteran also meets the criteria for SMC based on housebound status.
- Dismissed
The Veteran's appeal for an increased rating of erectile dysfunction was dismissed. A rating of 50 percent, and no higher, for migraines is granted. An initial rating of 30 percent, and no higher, for IBS is granted. Service connection for hypertension is remanded.
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