The Board has remanded the Veteran's claims for service connection for migraine headaches and prostate cancer due to a lack of consideration of his lay statements regarding in-service symptoms. The case is being returned for further development, including obtaining private medical records and an updated VA examination.
The deciding factor: The decision was based on the failure to consider the Veteran's lay statements about in-service symptoms related to migraine headaches and prostate cancer.
- Claimed conditions
- migraine headaches, prostate cancer
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- October 14, 2020
- Citation
- 20066746
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.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- 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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