The Veteran's lower back injury is denied as there is no persuasive evidence of a nexus between the current condition and service.,The Veteran's bilateral flatfeet are rated at 30% since October 16, 2020. The claim for higher ratings prior to that date is remanded due to lack of compliance with remand directives.,Service connection for chronic headaches, allergic rhinitis (chronic nose bleeding), and sleep apnea syndrome is remanded as the RO did not substantially comply with remand directives.,Service connection for cervical spine pain and right jaw injury with residuals is also remanded due to lack of compliance with remand directives.
The deciding factor: The Veteran's lower back condition was neither diagnosed nor incurred during service. The Board finds the contemporaneous medical evidence more probative than his statements.,The RO did not substantially comply with remand directives, specifically regarding obtaining missing treatment records and new VA examinations and opinions for the chronic headaches claim.,The Veteran's claims for cervical spine pain and right jaw injury with residuals were also not addressed in accordance with remand directives.
- Claimed conditions
- Lower Back Injury, Bilateral Flatfeet, Chronic Headaches, Allergic Rhinitis (chronic nose bleeding), Sleep Apnea Syndrome, Cervical Spine Pain, Right Jaw Injury with Residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 3, 2022
- Citation
- 22019919
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 22019919.
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 Veteran's claim for a compensable disability rating for chronic headaches is remanded due to the need for a new medical examination to assess the frequency and severity of his headaches, including without medication.
- Granted
The Veteran's chronic headaches have been rated at 30 percent since June 24, 2019. The Board has now granted a 50 percent rating effective January 6, 2020.
- Denied
The Veteran's PTSD, chronic headaches, and unspecified dyspnea are rated at 50 percent, non-compensable, respectively. The appeals for higher ratings have been denied.
- Denied
The Board denied service connection for multiple conditions, including PTSD, IBS, cardiac arrhythmia, CFS, chronic headaches, chronic sinusitis, dyspnea, and fibromyalgia. The claim for bilateral pes planus was remanded.
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