The Board has determined that the Veteran submitted a timely Notice of Disagreement (NOD) for multiple issues addressed in a December 2016 rating decision. The appeal is now REMANDED to issue an appropriate Statement of the Case (SOC).
The deciding factor: The evidence established that the Veteran timely mailed his NOD packet on December 14, 2017.
- 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
Veterans Law Judge
Decisions by this judge: 1,960 · Granted: 36% (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 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.
- 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.
- Remanded (sent back)
The Board has remanded the cases for additional development due to incomplete medical records and insufficient opinions regarding the relationship between service, including a stick injury in England, and current left eye disability (including amblyopia and cataracts) as well as migraine headaches.
- Granted
The Veteran's migraine headaches are productive of very frequent, completely prostrating and prolonged attacks capable of producing severe economic inadaptability. The Board has granted a 50 percent disability rating for the Veteran's service-connected migraine headaches.
- Granted
The Veteran's claim for a higher rating for his service-connected migraine headaches was granted with an effective date of February 28, 2023.
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