The Veteran's cervicothoracic dysfunction prior to March 28, 2017 is rated at 20 percent and the appeal for a higher rating is denied.,The Veteran's chronic headaches are currently rated as non-compensable (0%) and the appeal for a compensable rating is granted.,The Veteran's facial dyschromia is rated as moderate incomplete paralysis and the appeal for a higher rating is remanded.
The deciding factor: The VA examiner found that prior to March 28, 2017, the Veteran had forward flexion of her cervical spine greater than 30 degrees but not greater than 45 degrees, which does not meet the criteria for a higher rating under Diagnostic Code 5237.
- Claimed conditions
- Cervicothoracic dysfunction, Chronic headaches, Facial dyschromia (also claimed as facial numbness)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2020
- Citation
- 20069638
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 chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Partly granted
The Board denied an initial compensable rating for bilateral hearing loss and remanded the claims for service connection for chronic headaches and obstructive sleep apnea.
- Partly granted
The Board granted service connection for posttraumatic stress disorder (PTSD) and remanded the remaining claims for further development.
- Remanded (sent back)
The Board remands the claims for increased ratings and service connection due to a pre-decisional error in failing to provide the Veteran with a VA mental disorders examination and not obtaining complete VA treatment records.
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