The Veteran's appeal is remanded for issuance of a Statement of the Case (SOC) regarding multiple issues addressed in the December 2016 rating decision.
The deciding factor: The Veteran submitted a timely Notice of Disagreement (NOD) within one year after receiving notice of the December 2016 rating decision, despite the NOD being postmarked four days past the deadline. The Board found that the Veteran's NOD was timely and remanded the issues for further action.
- Claimed conditions
- right ankle osteoarthritis, status post Brostrom repair, left ankle osteoarthritis, status post Brostrom repair, lumbar spine degenerative disc disease and interbody fusion L3-L4, cervical spine degenerative disc disease and anterior cervical discectomy and fusion C5-C6, tinea pedis (claimed as foot fungus), left foot fracture, left foot hallux valgus (claimed as bunion on left foot), migraine headaches, Tourette’s syndrome, hernia hiatal and gastroesophageal reflux disease (GERD)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 24, 2020
- Citation
- 20075047
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.
- 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.
- Partly granted
The Board granted a 30 percent rating for the Veteran's service-connected migraine headaches, but no greater.
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