The Board denied service connection for migraines, vertigo, and bilateral lower extremity radiculopathy as the evidence did not support a finding that these conditions were incurred in or related to the Veteran's military service.
The deciding factor: The persuasive weight of the evidence was against a finding that the Veteran's claimed conditions were incurred in or related to his military service due to his failure to report for necessary VA examinations without good cause, and the inadequacy of private medical opinions submitted by the Veteran.
- Claimed conditions
- migraines, vertigo, radiculopathy, right lower extremity, radiculopathy, left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2024
- Citation
- A24066050
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Denied
The Board denied the Veteran's claims for service connection for vertigo and a total disability rating based on individual unemployability (TDIU) due to insufficient evidence linking his current condition to active service or any incident of service.
- Denied
The Board denied the Veteran's appeal for an initial rating in excess of 30 percent for migraines, finding that his symptoms more closely approximate a 30 percent disability rating.
- Remanded (sent back)
The Board remands the claim for service connection for migraines, including as secondary to cervical strain, due to pre-decisional duty to assist errors in not translating relevant Spanish documents and ensuring a VA examiner considered all evidence.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.