The Board has remanded the Veteran's claims of service connection for tension headaches, bilateral foot disability, and back disability due to issues with hearing requests, secondary service connection, and presumptive service connection. The case will be returned to the AOJ for further development.
The deciding factor: The decision is based on procedural errors including a failure to address whether the Veteran requested a DRO hearing and failed to consider secondary service connection and presumptive service connection.
- Claimed conditions
- Tension headaches, Bilateral foot disability (plantar fasciitis), Back disability (lumbar spine)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 27, 2019
- Citation
- 19166246
Veterans Law Judge
Decisions by this judge: 699 · Granted: 12% (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 19166246.
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 initial evaluation for tension headaches to include migraines is granted, with a rating of 50 percent effective from May 23, 2023.
- Remanded (sent back)
The Veteran's claim for a compensable disability rating for tension and migraine headaches is remanded due to the inadequacy of the September 2020 VA examination report, which did not consider the ameliorative effects of medication.
- Granted
The Veteran's tension headaches, which have been service-connected since the grant of service connection, are found to be very frequent and completely prostrating with prolonged attacks productive of severe economic inadaptability. The Board grants an initial 50 percent rating for tension headaches prior to December 1, 2020.
- Granted
The Veteran's tension headaches are rated at a 30 percent rating, effective December 26, 2024. The Board found that the Veteran experienced characteristic prostrating attacks occurring on an average of once a month over the last several months, warranting this rating. A higher rating is denied.
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