The Board has remanded the case due to the need for a new VA examination and consideration of the Veteran's flare-ups. The Veteran is also advised that his claims for service connection for migraine headaches and a cervical spine disorder are referred to the Agency of Original Jurisdiction (AOJ) for clarification.
The deciding factor: The Board found that there was insufficient evidence regarding the severity of the Veteran's spinal stenosis due to lack of recent examination, and noted the need to consider flare-ups in determining the appropriate evaluation.
- Claimed conditions
- thoracolumbar spinal stenosis with degenerative disc disease, migraine headaches, cervical spine disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2019
- Citation
- 19132324
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 migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
- Partly granted
The Board granted a 30 percent rating for the Veteran's service-connected migraine headaches, but no greater.
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