The Board has remanded the claims for an initial rating in excess of 30 percent from June 19, 2013 for post-concussive headaches associated with a TBI and for initial ratings in excess of 10 percent for radiculopathy of the left and right lower extremities. The Veteran is to undergo additional VA examinations to clarify the severity of his service-connected conditions.
The deciding factor: The Court found that the Board did not address the issue of whether the Veteran's headaches are capable of producing severe economic inadaptability, which requires only severe economic inadaptability due to very frequent completely prostrating and prolonged attacks, not actual impact on work ability.
- Claimed conditions
- Post-concussive headaches associated with a traumatic brain injury (TBI), Radiculopathy of the left lower extremity, Radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2019
- Citation
- 19102382
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 Board granted service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Remanded (sent back)
The Board remands the claims for higher staged ratings and initial ratings in excess of 10 percent, 20 percent, and 10 percent for radiculopathy of the left lower extremity, right lower extremity, and residual painful surgical scar, posterior trunk respectively, to correct a pre-decisional duty to assist error.
- Partly granted
The Board granted an earlier effective date of January 30, 1978 for the award of service connection for TBI with unspecified neurocognitive disorder and denied earlier effective dates for radiculopathy of the right and left lower extremities.
- Denied
The Board denied entitlement to a TDIU prior to April 15, 2011, as the Veteran's service-connected disabilities did not preclude him from obtaining or maintaining substantial gainful employment.
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