BVA Case 17-4239: Back

The Board denied entitlement to an initial disability rating in excess of 10%for the period prior to August 16,2011,in a July 2013 decision.

The appellant again appealed and,in October 2014,the Court granted the parties'JMR,in which they agreed that,in denying entitlement to an initial disability rating higher than 30%,the Board had failed to consider the statements the appellant made to various VA examiners.

In a May 2015 decision, the Board found that, [p]rior to August 16,2011,the service- connected headaches due to brain concussion manifested characteristic prostrating attacks occurring on an average once a month, but not productive of severe economic inadaptability.

Accordingly,the Board denied entitlement to an initial disability rating higher than 30%.

The Board found the appellant entirely credible and a fair reporter of his symptoms, and noted that the appellant's descriptions of his headaches over the years had been consistent,with only minor variations.

Further,the Board concluded: That the [appellant]has very frequent and completely prostrating headache attacks is established in the record.

The Board denied the appellant's claim because it found that his headaches were not capable of producing severe economic inadaptability.

Accordingly,the Board denied entitlement to an initial disability rating higher than 30%for headaches for the period prior to August 16,2011.