The Veteran's appeals for a rating in excess of 30 percent for migraine headaches prior to February 8, 2017, an initial compensable evaluation for laparoscopy scars, and SMC based on loss of use of a creative organ have been dismissed.,The Veteran's appeals for whether new and material evidence exists to reopen her previously denied claims for service connection for left ovary removal, ovary cyst removal, and cervical dysplasia have also been dismissed.,The Board has remanded the issues regarding service connection for a left knee disability (secondary to lumbosacral strain with degenerative changes) and a right knee disability (secondary to lumbosacral strain with degenerative changes).,The Veteran's claim for fibromyalgia is also being remanded.
The deciding factor: The Veteran withdrew her appeals regarding the issues of migraine headaches, laparoscopy scars, SMC based on loss of use of a creative organ, and whether new and material evidence exists to reopen previously denied claims for left ovary removal, ovary cyst removal, and cervical dysplasia.,The Board found that there was insufficient evidence in the record regarding direct service connection or secondary service connection for the Veteran's knee disabilities. The Veteran has not been afforded a VA examination in connection with her claim for fibromyalgia.,The remand orders include requests to obtain STRs, MPRs, and VA treatment records, as well as an opinion from a VA examiner regarding the etiology of the Veteran's knee disabilities and fibromyalgia.
- Claimed conditions
- migraine headaches, left knee disability, right knee disability, fibromyalgia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2020
- Citation
- 20068729
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.
- Partly granted
The Board granted service connection for scarring, right orchiopexy and remanded the claim of asbestos exposure residuals. Other claims for service connection were denied.
- 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.
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