The Veteran's initial higher rating for Headache Syndrome prior to August 12, 2015 was denied. A 50% disability rating is granted from that date onwards. The claims of entitlement to initial compensable ratings for Right Hip Degenerative Arthritis and Left Hip Degenerative Arthritis are remanded. The claim of entitlement to an increased rating for Lumbosacral Intervertebral Disc Syndrome is also remanded.
The deciding factor: The Veteran's headaches were found to meet the criteria for a 50% disability rating starting from August 12, 2015, based on his reports of very frequent and prolonged attacks. The other claims are remanded due to insufficient examination details regarding flare-ups and functional loss.
- Claimed conditions
- Headache Syndrome, Right Hip Degenerative Arthritis, Left Hip Degenerative Arthritis, Lumbosacral Intervertebral Disc Syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2019
- Citation
- 19102764
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.
- Denied
The Board denied the veteran's claims for increased ratings and an earlier effective date for total disability based on individual unemployability, finding that the evidence did not support higher ratings or an earlier effective date.
- Partly granted
The Board granted service connection for erectile dysfunction and earlier effective dates for the awards of service connection for left hip degenerative arthritis, right hip degenerative arthritis, and tinnitus. It also granted a TDIU from September 24, 2021, and basic eligibility for Dependents' Educational Assistance (DEA) from that date.
- Partly granted
The Board granted an initial rating of 70 percent for PTSD and service connection for headache syndrome, depressive disorder, and left shoulder post-operative tendon tear with degenerative joint disease as secondary to the Veteran's service-connected PTSD.
- Partly granted
The Veteran's application to reopen the claim of service connection for a right hip disorder was granted. Service connection for this condition is denied, as there is no evidence that it was incurred in or aggravated by military service. The rating for chipped bone in the right foot remains at noncompensable. A higher rating for low back strain is also denied.
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