The Veteran's claim for an initial compensable rating for nonspecific headaches has been denied as the evidence does not show characteristic prostrating attacks of migraine headache pain or very frequent prostrating and prolonged attacks of migraine headache pain.,The Veteran's claims for initial compensable ratings for right knee patellofemoral pain syndrome, left knee patellofemoral pain syndrome, and left lower extremity shin splint are remanded as the VA examination report is inadequate to address the severity of these conditions during flare-ups or when weight-bearing.,The Veteran's claim for an initial compensable rating for service-connected costochondritis has been remanded as the VA examination report did not evaluate the functional effects of a flare-up and failed to specify which disabilities caused functional loss or to what extent.,The Veteran's claim for an initial compensable rating for temporomandibular joint disorder (TMJ) is remanded as the VA examination report did not provide an explanation for the examiner’s failure to evaluate the functional effects of a flare-up.
The deciding factor: The evidence does not show characteristic prostrating attacks of migraine headache pain or very frequent prostrating and prolonged attacks of migraine headache pain, which are required for a compensable rating under Diagnostic Code 8100.,The VA examination report is inadequate to address the severity of these conditions during flare-ups or when weight-bearing. The examiner did not specify whether pain occurred during active range of motion (ROM), passive ROM, or when weight-bearing, and did not provide an explanation for the failure to evaluate the functional effects of a flare-up.,The VA examination report failed to fully address the Veteran’s service-connected left lower extremity shin splint. The examiner also did not specify which disabilities caused functional loss or to what extent.,The VA examination report did not provide an explanation for the examiner’s failure to evaluate the functional effects of a flare-up.
- Claimed conditions
- Costochondritis, Left Knee Patellofemoral Pain Syndrome, Left Lower Extremity Shin Splint, Nonspecific Headaches, Right Knee Patellofemoral Pain Syndrome, Temporomandibular Joint Disorder (TMJ)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 11, 2019
- Citation
- 19110608
Veterans Law Judge
Decisions by this judge: 961 · Granted: 20% (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 19110608.
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 Veteran's claims for service connection for a psychiatric disorder, to include PTSD, and for a right knee condition are remanded due to duty-to-assist errors. The AOJ must attempt to verify the claimed stressor events and provide a VA examination.
- Denied
The Board denied a rating in excess of 10 percent for right knee patellofemoral pain syndrome, tendinitis, and strain, status post arthroscopy with meniscal tear and degenerative arthritis (limitation of flexion), and awarded an initial compensable rating for right knee patellofemoral pain syndrome, tendinitis, and strain, status post arthroscopy with meniscal tear and degenerative arthritis (limitation of extension).
- Granted
The Veteran's service-connected TMJ and tinnitus were granted effective January 31, 2020.
- Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected low back and right knee disabilities, finding that these conditions caused his obesity, which in turn led to his current condition.
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