The appeal is remanded to the RO for additional development, including scheduling a hearing and obtaining SSA records.
The deciding factor: The issues were not decided on their merits due to procedural requirements and pending evidence.
- Claimed conditions
- cervical spine disability, discogenic disease of the thoracic spine, trapezius muscle disability, migraine headaches, subluxation of the right knee, arthritis of the right knee
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 18, 2009
- Citation
- 0910103
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.
- Granted
The Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
- Partly granted
The Board granted a 30 percent rating for the Veteran's service-connected migraine headaches, but no greater.
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