The Board has determined that the AOJ did not properly consider new evidence submitted after a final rating decision, and thus remands the case for reconsideration of service connection claims.
The deciding factor: The AOJ failed to conduct a de novo review due to the submission of relevant official service department records after the initial denial.
- Claimed conditions
- left ankle condition, right ankle condition, left foot plantar fasciitis, right foot plantar fasciitis, left carpal tunnel syndrome, right carpal tunnel syndrome, migraine headaches
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2020
- Citation
- A20015488
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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