The appellant's entitlement to an earlier effective date of February 28, 2013, for migraine headaches is granted. The claim was reopened due to new and material evidence submitted within one year of the October 2019 rating decision that implemented severance of his disability payments. He is currently entitled to a 30 percent disability rating for his migraine headaches.
The deciding factor: The appellant's entitlement to an earlier effective date is based on the constructive possession of VA treatment records, which tolled the finality of the May 2014 decision and allowed the claim to remain pending until it was adjudicated in July 2020. The date of entitlement arose as of February 28, 2013, when the appellant's acquired psychiatric condition granted service connection on a secondary basis.
- Claimed conditions
- migraine headaches
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- September 21, 2024
- Citation
- A24059211
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 A24059211.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has remanded the cases for additional development due to incomplete medical records and insufficient opinions regarding the relationship between service, including a stick injury in England, and current left eye disability (including amblyopia and cataracts) as well as migraine headaches.
- Granted
The Veteran's migraine headaches are productive of very frequent, completely prostrating and prolonged attacks capable of producing severe economic inadaptability. The Board has granted a 50 percent disability rating for the Veteran's service-connected migraine headaches.
- Granted
The Veteran's claim for a higher rating for his service-connected migraine headaches was granted with an effective date of February 28, 2023.
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