The veteran's claims for an increased rating for headaches and a TDIU were remanded for additional development, including a new examination to determine the current severity of his service-connected headache disorder and its impact on employment.
The deciding factor: The Board determined that a new examination was necessary to address whether the veteran's migraines are part of or related to his service-connected headaches due to head trauma in service, as well as to assess the impact of his service-connected headaches on his ability to secure or follow a substantially gainful occupation.
- Claimed conditions
- headaches, migraines
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 21, 2009
- Citation
- 0902165
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Remanded (sent back)
The Board remands the claim for an increased initial disability evaluation of headaches due to an inadequate VA examination.
- Granted
The Board granted service connection for multiple disabilities, including cervical spine and thoracolumbar spine disabilities, radiculopathies, a bladder disability, headaches, a left knee disability, an acquired psychiatric disorder, and bilateral conjunctivitis. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disability.
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