The Board's decision to dismiss the appeal of a May 2020 rating decision that increased the rating for migraine and tension headaches to 50 percent, effective February 27, 2020, and continued a prior 70 percent rating for PTSD and major depressive disorder with TBI is vacated due to a procedural error.
The deciding factor: The May 2020 decision was issued independent of the January 2019 rating decision, leading to a due process error that dismissed the appeal improperly.
- Claimed conditions
- migraine and tension headaches, posttraumatic stress disorder (PTSD), major depressive disorder with traumatic brain injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 12, 2025
- Citation
- A25022933
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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.
- Granted
The Board granted an effective date of October 17, 2022, for the grant of service connection for PTSD.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Dismissed
The Veteran withdrew the appeal for an increased rating of his service-connected PTSD during a Board hearing, and the appeal is therefore dismissed.
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