The Veteran's appeal includes claims for service connection for various psychiatric disorders, a sinus disorder, and migraine headaches. The case is being remanded to the RO for further development of records related to his August 2002 motor vehicle accident, including mental health treatment records from RAF Lackenheath, England, and criminal court records in Pima County, Arizona.
The deciding factor: The Veteran's claims are dependent on a determination regarding the propriety of the willful misconduct finding for his August 2002 motor vehicle accident. The case requires further development to obtain relevant medical treatment records from various sources.
- Claimed conditions
- Variously diagnosed psychiatric disorder, Sinus disorder, Migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 9, 2009
- Citation
- 0938544
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0938544.
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 service connection claims for traumatic brain injury and migraine headaches due to right eye removal are granted. The claim for a compensable evaluation of xeroderma of the right eye is remanded.
- Denied
The Board denied an increased initial disability rating for migraine headaches, finding that the Veteran's symptoms did not meet the criteria for a 50% rating due to lack of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.
- Dismissed
The Veteran's appeals for service connection and increased ratings were dismissed due to an improper concurrent election.
- Granted
The Veteran's 50% disability evaluation for migraine headaches was restored to May 12, 2021 after the reduction in rating was found not proper.
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