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Johnson v. Wilkie

30 Vet. App. 245 (2018)

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Johnson v. Wilkie

United States Court of Veteran’s Appeals
30 Vet. App. 245 (2018)

SH

Facts

Willie S. Johnson (plaintiff), a Marine Corps veteran, filed a claim with the Department of Veterans Affairs (VA) (defendant) for service-connected disability based on headaches. A VA medical examiner report stated that, about three times per month, Johnson experienced prostrating headaches that left Johnson unable to perform any tasks. The Board of Veterans’ Appeals (the board) awarded Johnson a disability rating of 30 percent for mixed headaches. The board found that Johnson had an average of one prostrating headache per month. The board also stated that three headaches per month could be considered frequent but not very frequent. Johnson appealed the rating, arguing that Johnson’s headaches met the criteria for a 50 percent rating, which required completely prostrating and prolonged attacks that occurred very frequently.

Rule of Law

Issue

Holding and Reasoning (Davis, C.J.)

Concurrence (Allen, J.)

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