The Veteran's claims for increased ratings and effective dates are being remanded due to procedural issues. The Board will issue a Statement of the Case (SOC) in response to these claims.
The deciding factor: The VA provided notice of the rating decision prior to February 19, 2019, which is before the effective date of the Appeals Modernization Act (AMA). As such, the Veteran's January 2020 Notice of Disagreement was not filed under the AMA and must be remanded for issuance of a Statement of the Case.
- Claimed conditions
- migraines, left lower extremity injury residuals involving femur fracture postoperative, status post left hip replacement, left lower extremity injury residuals involving posterior tibial, external popliteal, musculocutaneous, anterior tibial, internal popliteal and sciatic nerve impairment with foot drop (previously evaluated under diagnostic code 8523), right kidney disorder, residuals of splenectomy (removal of spleen), right scapula fracture residuals, residuals of left transverse process, L1-3 (5292-5295), left lower extremity injury residuals involving femoral vein laceration repair, liver laceration repair residuals, residual scars, status post motor vehicle accident
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2022
- Citation
- 22071789
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 22071789.
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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.