The Veteran's migraine headaches are rated at 30 percent, but no higher. The Board found that the evidence was evenly balanced as to whether the Veteran’s migraines more nearly approximated the criteria for a 30 percent rating.,Service connection for radiculopathy of the upper left extremity is denied because there is no causal relationship between the Veteran's service-connected cervical spine disability and his radiculopathy. The Board found that the VA examiner did not adequately address the Veteran’s contentions regarding medication causing his sleep apnea.,The Veteran's claim for service connection for sleep apnea is remanded to obtain an adequate medical opinion addressing whether his sleep apnea is proximately due to or aggravated by his service-connected cervical spine disability.
The deciding factor: The Board found that the evidence was evenly balanced as to whether the Veteran’s migraines more nearly approximated the criteria for a 30 percent rating.,The VA examiner did not adequately address the causal relationship between the Veteran's radiculopathy and his service-connected cervical spine disability, nor did they consider the impact of medication on his sleep apnea.,There is an inadequate medical opinion regarding whether the Veteran’s sleep apnea is proximately due to or aggravated by his service-connected cervical spine disability.
- Claimed conditions
- migraines, radiculopathy of the upper left extremity, sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 24, 2019
- Citation
- 19157361
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 19157361.
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 claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
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