The Board has remanded the Veteran's claims for increased ratings and service connection due to new evidence added since the December 2014 Statement of the Case. The claims will be reviewed by the AOJ, including a right lower extremity radiculopathy examination.
The deciding factor: New evidence was submitted after the December 2014 SOC, which requires remand for AOJ review and consideration of this new information.
- Claimed conditions
- thoracolumbar degenerative joint disease with mild anterior wedging (previously rated as compression fracture of L2, T12), rheumatoid arthritis, radiculopathy of the left lower extremity, right foot condition, left foot condition, migraine headaches, posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2019
- Citation
- 19186749
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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- 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.
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