The Veteran's claims for increased ratings and initial ratings are being remanded due to the need for additional medical examinations, as well as for obtaining VA and private treatment records. The Veteran also needs a statement of the case issued regarding his migraine headaches and anxiety disorder claims.
The deciding factor: The Board finds that further evaluations by VA physicians are needed to determine the current severity of the service-connected cervical spine disability, upper extremity radiculopathy, and migraine headaches, as well as for an initial rating for anxiety disorder. Additionally, the Veteran needs a statement of the case issued regarding his claims for increased ratings.
- Claimed conditions
- bilateral hearing loss, cervical spine degenerative arthritis, right upper extremity cervical radiculopathy, left upper extremity cervical radiculopathy, migraine headaches, anxiety disorder, NOS
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2020
- Citation
- 20007826
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.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
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