The RO reduced the Veteran's SMC from M to L-M, effective May 13, 2015, as ordered by the Board of Veterans' Appeals in May 27, 2020. The reduction was due to a clear and unmistakable error in the original implementation decision.
The deciding factor: The RO found that the Veteran's headaches met the criteria for an additional disability rated at 50% or higher under 38 C.F.R. § 3.350(f)(3), which warranted SMC at the intermediate rate between L and M.
- Claimed conditions
- Cognitive Disorder, Headache Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- October 11, 2024
- Citation
- A24065357
Veterans Law Judge
Decisions by this judge: 1,913 · Granted: 30% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24065357.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for Obstructive Sleep Apnea and Headache Disorder due to lack of in-service diagnosis or treatment, and the absence of a causal relationship between these conditions and service. The claim for Headache Disorder is remanded for further evaluation.
- Granted
An effective date of April 11, 2022, but no earlier, for the award of service connection for a headache disorder is granted. A 30 percent rating, but no more, for a headache disorder is granted.
- Remanded (sent back)
The Board has determined that the VA examinations and medical opinions provided prior to the January 2025 decision on appeal were inadequate. The Veteran's claim for service connection for a headache disorder, which is secondary to his service-connected disabilities, must be remanded due to duty-to-assist errors.
- Remanded (sent back)
The Board has determined that the Veteran requires personal care services due to a need for regular or extensive instruction or supervision without which his ability to function in daily life would be seriously impaired. The appeal is remanded to determine if it is in the best interest of the Veteran to participate in the PCAFC program and provide complete notice of the decision on his claim.
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