The Veteran's claims for cervical strain and IVDS, right shoulder strain, migraines, and right ankle sprain were granted with effective dates of April 27, 2015.,However, the Board has determined that these effective dates are not appropriate due to various procedural issues.
The deciding factor: The effective dates for the Veteran's service connection claims have been remanded as there are unresolved procedural issues regarding when the Veteran first submitted his claims and whether he had a pending claim or appeal at the time of the initial decision.,Additionally, the Board has determined that it is not factually ascertainable if the Veteran’s migraines increased in severity to warrant a 30 percent disability rating prior to April 27, 2015.
- Claimed conditions
- Cervical strain, IVDS (intervertebral disc syndrome), Right shoulder strain, impingement syndrome, and degenerative arthritis, Right upper extremity radiculopathy, Left upper extremity radiculopathy, Migraines, Right ankle sprain and Achilles tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2019
- Citation
- 19186106
Veterans Law Judge
Decisions by this judge: 2,249 · Granted: 37% (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 19186106.
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.
- Remanded (sent back)
The Veteran's claims for an initial disability rating in excess of 10 percent for cervical strain, service connection for left leg pain (claimed as joint pain), and service connection for a left ear hearing condition are being remanded due to duty-to-assist errors.
- 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.
- Denied
The Veteran's appeal for a higher rating for his migraine headaches was denied as the evidence did not show that his migraines were productive of severe economic inadaptability.
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