The Board has remanded the Veteran's claim for compensation under 38 U.S.C. § 1151 for chronic headaches due to a VA surgery, and requests a thorough medical examination to determine if the Veteran sustained an additional disability of residual headaches and whether it was caused by carelessness or negligence on the part of VA.
The deciding factor: The Board found that there has not been substantial compliance with the remand orders regarding the provision of a VA examination for the claim, thus requiring another examination to address the Veteran's claim.
- Claimed conditions
- chronic headaches
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 11, 2022
- Citation
- 22039501
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 22039501.
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 effective date for service connection of left leg amputation and associated scars, as well as SMC based on loss of use of the left leg, is set to January 28, 2022. The effective date for DEA eligibility is also set to January 28, 2022. An effective date prior to January 28, 2022, was denied for service connection of chronic headaches.
- Granted
Service connection for chronic headaches and restoration of a 20 percent disability rating for the service-connected left wrist strain are granted.,The appeal to restore a higher disability rating for the broken right foot is dismissed.
- Denied
The Veteran's claims for service connection for various conditions, including a left wrist fracture, bilateral hearing loss, Type II diabetes, bilateral glaucoma, OSA, cervical disc herniation, and other musculoskeletal issues are denied.,Service connection is not established for any of the claimed conditions.
- Granted
Major depressive disorder is granted as service connected.,Chronic headaches are readjudicated and granted due to new evidence submitted by the Veteran.
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