The Board granted a 20 percent rating for cervical neck strain, but denied higher ratings for thoracolumbar and bilateral plantar fasciitis strains. A 70 percent rating was granted for an acquired psychiatric disorder due to TBI, while higher ratings were denied for migraines and cognitive symptoms of TBI.
The deciding factor: The Board found that the Veteran's cervical neck strain met the criteria for a 20 percent rating based on limited forward flexion. Higher ratings were not warranted for the other conditions as they did not meet the necessary criteria under the applicable regulations.
- Claimed conditions
- cervical neck strain, thoracolumbar strain, bilateral plantar fasciitis, acquired psychiatric disorder (PTSD due to TBI), migraines, residuals of a traumatic brain injury (TBI) based on cognitive symptoms
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2024
- Citation
- A24073614
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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 appeal for a rating greater than 10 percent for thoracolumbar strain, as the evidence did not support a higher rating.
- 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.
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