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Appeal Granted then Rated at Zero


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In 2011 Claimed Migraine Headaches, denied in 2012

2020, BVA Judge granted both headaches and migraine headaches as service-connected based on service treatment records and after service medical records.

So after a 9-year wait the VA then rates the veteran at 0% based on the DBQ exam given by the examiner that the judge overturned the decision on.

Is this challengeable based on the examiner denied migraines, so, therefore, made no migraine selections on the DBQ. Once they marked no for migraines seems the entire exam is null, it needs to be redone based on the appeal being granted for service connection for Migraines.

Judge states that the Board acknowledges the negative VA opinions indicating that the Veteran 's current tension headaches are unrelated to her in-service treatment for headaches, and the examiner did not address whether the Veteran's migraine headaches and tension headaches, present during the pendency of the appeal, were a continuation of in-service diagnoses of migraine and tension headaches. Accordingly, the Board finds that the negative opinions are not probative.


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Do you have an attorney. Have you consider an appeal based on statement from your provider regarding migraines?