The Veteran's appeal for increased disability ratings is being remanded due to the need for additional evidence and a retrospective opinion on functional loss of his lumbar spine.
The deciding factor: The Board found that VA did not comply with its duty to assist in obtaining private medical records, failed to consider the Veteran's lay statements regarding his migraine headaches, did not address an earlier effective date for the increased disability rating of 50 percent for migraine headaches, erred by not defining the criteria for a specific diagnostic code, and failed to provide a retrospective opinion on functional loss following repeated use over time.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Radiculopathy of the right lower extremity, Migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2022
- Citation
- 22065342
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 22065342.
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.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Granted
The Veteran's service connection claims for traumatic brain injury and migraine headaches due to right eye removal are granted. The claim for a compensable evaluation of xeroderma of the right eye is remanded.
- Denied
The Board denied an increased initial disability rating for migraine headaches, finding that the Veteran's symptoms did not meet the criteria for a 50% rating due to lack of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.
- Granted
The Veteran's claim for increased ratings for degenerative arthritis of the cervical spine and lumbar spine was granted with effective dates of May 13, 2019.
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