The Veteran's headaches are not characterized by very frequent completely prostrating attacks productive of severe economic inadaptability, and the claim for a rating in excess of 30 percent is denied.,Claims for earlier effective dates for increased ratings for headaches and bilateral upper extremity peripheral neuropathy were received on March 13, 2013. The evidence does not show an increase in these disabilities within one year prior to this date, so the earliest allowable date is March 13, 2013.,The Veteran's claims for increased ratings for bilateral upper and lower extremity peripheral neuropathy are remanded as there are no treatment records related to his counseling for PTSD. The claim for TDIU is also remanded due to its inextricability with the other claims.
The deciding factor: The evidence does not demonstrate very frequent completely prostrating and prolonged attacks of headache pain that are productive of severe economic inadaptability.,There is no medical evidence relating to the Veteran’s disabilities within one year prior to his March 13, 2013 application for increased ratings. The earliest allowable date under the law is March 13, 2013.,The claims are remanded as there are no treatment records related to the Veteran's counseling for PTSD and the claim for TDIU is inextricably intertwined with the other claims.
- Claimed conditions
- Headaches, Peripheral neuropathy of the left upper extremity, Peripheral neuropathy of the right upper extremity, Peripheral neuropathy of the right lower extremity, Peripheral neuropathy of the left lower extremity, Post-traumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2019
- Citation
- 19107025
Veterans Law Judge
Decisions by this judge: 1,614 · Granted: 35% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19107025.
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.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.
- Granted
The Veteran's headaches, which manifested as very frequent and prolonged attacks causing severe economic inadaptability, are granted a 50 percent disability rating for the entire period on appeal.
- Remanded (sent back)
The Veteran seeks an earlier effective date for a 30 percent disability rating for his service-connected headaches, which was awarded with a noncompensable rating at 0 percent. The Board is remanding the claim due to inadequate examination and the need for a new VA examination to evaluate the severity of the Veteran's headaches without considering the ameliorating effects of any medication.
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