The Veteran's appeal was denied as there was no clear and unmistakable error in the June 7, 2007 rating decision. The motion to revise or reverse on the basis of CUE for the right shoulder and left hip ratings is denied due to lack of new and material evidence. The motion to revise or reverse on the basis of CUE for the migraine headaches rating is also denied.
The deciding factor: The Veteran's arguments did not establish clear and unmistakable error in the June 7, 2007 rating decision as there was no established interpretation that required a minimum 20 percent rating for painful motion of the right shoulder or separate ratings under different DCs for painful motion in the left hip. The law at the time did not provide for separate 10 percent ratings based on painful motion.
- Claimed conditions
- Painful Motion of Right Shoulder, Painful Motion in Left Hip, Migraines
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- March 19, 2026
- Citation
- A26025137
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 A26025137.
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.
- Granted
The Veteran's initial evaluation for tension headaches to include migraines is granted, with a rating of 50 percent effective from May 23, 2023.
- Remanded (sent back)
The Veteran's claim for a compensable disability rating for tension and migraine headaches is remanded due to the inadequacy of the September 2020 VA examination report, which did not consider the ameliorative effects of medication.
- Denied
The Veteran's appeal for a higher rating for his migraine headaches was denied as the evidence did not show that his migraines were productive of severe economic inadaptability.
- Denied
The Veteran's PTSD with TBI is rated at 70 percent, which is denied as the criteria for a higher rating are not met.
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