The appeal of the proposed reduction in disability rating from 50 percent to 30 percent for migraine headaches is dismissed, and entitlements to an initial compensable rating for mouth and tongue aphthous ulcers, increased rating for left eye old branch retinal artery occlusion with glaucoma, and higher level of special monthly compensation are denied. The service connection claims for gastroesophageal reflux disease (GERD) claimed as acid reflux and sleep apnea are remanded.

The deciding factor: The proposed reduction in disability rating from 50 percent to 30 percent for migraine headaches is not a final decision, thus the appeal must be dismissed. The Veteran does not have loss of sense of taste or impairment of function of the mouth and tongue, and the left eye visual acuity does not warrant a higher rating.

Claimed conditions

migraine headaches, mouth and tongue aphthous ulcers, left eye old branch retinal artery occlusion with glaucoma, gastroesophageal reflux disease (GERD) claimed as acid reflux, sleep apnea

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

January 31, 2025

Citation

A25009253

Want to see how appeals like this one tend to go? Appeals like mine