The Veteran's appeal is being remanded for additional development, including obtaining updated VA examinations and private treatment records. The issues include increased rating for lumbosacral strain with degenerative changes, service connection for bilateral leg disability and migraine headaches, and TDIU.
The deciding factor: The decision notes that the Veteran’s address was not updated, leading to missed notifications of VA examination scheduling requests. Additionally, there is a need for new examinations due to potential worsening of his lumbosacral strain with degenerative changes and for clarification regarding any pertinent bilateral leg diagnoses as secondary to service-connected chronic lumbosacral strain with degenerative changes.
- Claimed conditions
- chronic lumbosacral strain with degenerative changes, migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2019
- Citation
- 19177207
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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