The Veteran's claims for a higher rating for cervical degenerative disc disease and TDIU are remanded due to inadequate VA examination reports. The AOJ must provide an addendum opinion addressing the severity, frequency, and duration of any flare-ups since November 15, 2009.
The deciding factor: The Board found that the September 2019 remand directives were not substantially complied with as the VA examiner did not provide a retrospective opinion regarding the Veteran's flare-ups without resorting to speculation.
- Claimed conditions
- cervical degenerative disc disease, migraines
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 11, 2021
- Citation
- 21014214
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 21014214.
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 claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Dismissed
The appeal concerning the service connection claims for various conditions and initial compensable evaluations for service-connected erectile dysfunction and bilateral hearing loss is dismissed due to the Veteran's death.
- Granted
The Board has granted a 50 percent disability rating for the Veteran's migraines, effective April 30, 2026. The decision found that the Veteran's migraine headaches caused characteristic very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.
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