The Board dismissed the Veteran's Notice of Disagreement (NOD) regarding the July 2022 higher level review decision that granted service connection for migraines and assigned an initial disability rating, as it was concurrent with another NOD filed by the Veteran.
The deciding factor: The October 2022 NOD was a concurrent election for review of the same claim or issue (the initial disability rating) after filing an HLR request for an increased disability rating. Congress prohibits concurrent elections in VA claims processing.
- Claimed conditions
- migraines
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 14, 2026
- Citation
- A26033989
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 A26033989.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Dismissed
The appeal concerning the service connection claims for various conditions and initial compensable evaluations for service-connected erectile dysfunction and bilateral hearing loss is dismissed due to the Veteran's death.
- Granted
The Board has granted a 50 percent disability rating for the Veteran's migraines, effective April 30, 2026. The decision found that the Veteran's migraine headaches caused characteristic very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.
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