The Veteran's claim for a 10 percent rating under 38 C.F.R. § 3.324 based on multiple noncompensable service-connected disabilities is denied as he has been assigned compensable ratings for his service-connected conditions.,The Veteran's TDIU and increased rating claims for posttraumatic headaches are remanded due to inadequate examination in the prior appeal, which did not distinguish between service-connected posttraumatic headaches and other potential causes of headaches.
The deciding factor: The May 2021 VA examiner failed to adequately distinguish between the Veteran's service-connected posttraumatic headaches and other conditions potentially associated with non-service-connected headaches.
- Claimed conditions
- Posttraumatic headaches, Residuals of traumatic brain injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 24, 2021
- Citation
- 21070590
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 21070590.
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 initial claim for an evaluation in excess of 10 percent for a brain hemorrhage was denied. The reduction of the rating for service-connected lumbar spine disability from 40 percent to 20 percent effective April 8, 2015, and the reduction of the rating for service-connected traumatic brain injury (TBI) from 40 percent to 10 percent effective April 8, 2015, were granted.
- Granted
The Veteran's initial 30 percent disability rating for posttraumatic headaches is granted, while his request for a higher rating for PTSD with TBI remains denied.
- Denied
The Veteran's appeal was denied because the November 24, 2023 decision granting service connection for posttraumatic headaches and post-concussion syndrome was not timely appealed. The Veteran did not file a timely Board Appeal request within one year of receiving the decision.
- Granted
The Veteran's posttraumatic headaches are rated at a 30 percent since June 18, 2012. The rating is granted prior to October 15, 2020 and denied from that date onwards.
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