The Board has remanded several issues related to the Veteran's service-connected disabilities, including a low back disability, TBI, PTSD, and migraine headaches. The specific issues include reducing the rating for TBI from 40 percent to 10 percent effective January 1, 2014; combining the separate ratings for PTSD and TBI into a single 50 percent rating; restoring the prior 10 percent rating for TBI; and reducing the rating for migraine headaches from 50 percent to 0 percent.
The deciding factor: The reduction in rating for TBI was based on improvement, but the evidence did not show actual improvement that would warrant a lower rating. The combination of PTSD and TBI into a single disability resulted in an improper increase in rating. The restoration of the prior 10 percent rating for TBI is warranted due to non-overlapping symptoms. The reduction in rating for migraine headaches was based on improvement, but the Veteran's condition did not meet the criteria for a noncompensable (0%) rating.
- Claimed conditions
- low back disability, PTSD, migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 10, 2020
- Citation
- 20072613
Veterans Law Judge
Decisions by this judge: 2,088 · Granted: 33% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20072613.
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 Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's claim of service connection for PTSD was granted with an initial evaluation of 50 percent, effective September 24, 2007. The appeal regarding the heart condition and sleep disorder is denied. The Veteran's hearing loss prior to August 24, 2015, warrants a 20 percent rating.
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