The Veteran's appeal is granted as her NOD was timely filed. The Board finds that the Veteran submitted new and material evidence within one year of the March 2016 rating decision, thus keeping her claims pending at the time of her submission of a Notice of Disagreement in April 2017.
The deciding factor: The Veteran submitted new and material evidence within one year of the March 2016 rating decision, which kept her claims pending. Her NOD was timely filed as it was received by the RO on April 20, 2017.
- Claimed conditions
- migraine headaches, right knee degenerative arthritis, left knee degenerative arthritis, low back condition, cervical strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 26, 2019
- Citation
- 19196241
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 19196241.
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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