The Board has remanded the Veteran's claims of entitlement to service connection for a vestibular disorder, cardiac disorder, splenomegaly, and migraine headaches due to his service-connected Lyme disease. The AOJ is instructed to request the SSA hearing transcript from November 16, 2009 and schedule the Veteran for a new VA examination to determine if his migraine headaches are related to or aggravated by his service-connected conditions.
The deciding factor: The Board found that the AOJ did not comply with its January 2018 remand directives regarding obtaining the SSA hearing transcript and scheduling a new VA examination for the Veteran's migraine headaches claim.
- Claimed conditions
- vestibular disorder, cardiac disorder, splenomegaly, migraine headaches
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2019
- Citation
- 19184184
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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