The Veteran's appeal is remanded for additional development. The issues of increased evaluations for asthma, migraine headaches, cervical spine strain post fusion C5-C6 with disc bulging and stenosis, and lumbago with L3-L4 disc herniation are all pending. A total disability rating based on individual unemployment (TDIU) prior to September 20, 2021 is also pending.
The deciding factor: The Veteran's appeal has been remanded for additional development due to the need for further evidence and consideration of his claims.
- Claimed conditions
- Exercise Induced Asthma, Migraine Headaches, Cervical Spine Strain Post Fusion C5-C6 with Disc Bulging and Stenosis, Lumbago with L3-L4 Disc Herniation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 19, 2023
- Citation
- 23003369
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 23003369.
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 50% disability rating for migraine headaches was restored as the evidence did not show actual improvement in his ability to function under ordinary conditions of life and work.
- Granted
The Veteran's migraine headaches are rated at a 50 percent rating, effective December 3, 2021, due to frequent and severe attacks that significantly impact his ability to work.
- Granted
The Veteran's service-connected PTSD alone is sufficient to grant a TDIU, and his other service-connected disabilities are at least 60% combined. The Veteran also meets the criteria for SMC based on housebound status.
- Dismissed
The Veteran's appeal for an increased rating of erectile dysfunction was dismissed. A rating of 50 percent, and no higher, for migraines is granted. An initial rating of 30 percent, and no higher, for IBS is granted. Service connection for hypertension is remanded.
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