The Veteran's claims for increased ratings for depression, left knee patellofemoral syndrome, and right knee patellofemoral syndrome are denied. The claim for an evaluation in excess of 50 percent for service-connected migraines effective August 16, 2016 is remanded.,The Veteran's claims for increased ratings for depression, left knee patellofemoral syndrome, and right knee patellofemoral syndrome are denied. The claim for an evaluation in excess of 50 percent for service-connected migraines effective August 16, 2016 is remanded.,The Veteran's claims for increased ratings for depression, left knee patellofemoral syndrome, and right knee patellofemoral syndrome are denied. The claim for an evaluation in excess of 50 percent for service-connected migraines effective August 16, 2016 is remanded.,The Veteran's claims for increased ratings for depression, left knee patellofemoral syndrome, and right knee patellofemoral syndrome are denied. The claim for an evaluation in excess of 50 percent for service-connected migraines effective August 16, 2016 is remanded.
The deciding factor: The evidence does not meet the criteria for a higher rating under any applicable diagnostic codes.
- Claimed conditions
- depression, left knee patellofemoral syndrome, right knee patellofemoral syndrome, migraines
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2020
- Citation
- 20073307
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.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Denied
The Board denied the Veteran's appeal for an initial rating in excess of 30 percent for migraines, finding that his symptoms more closely approximate a 30 percent disability rating.
- Remanded (sent back)
The Board remands the claim for service connection for migraines, including as secondary to cervical strain, due to pre-decisional duty to assist errors in not translating relevant Spanish documents and ensuring a VA examiner considered all evidence.
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