The Board has remanded the claims for service connection and increased rating of migraine headaches, bilateral hearing loss disability, back disability, right knee disability, and left knee disability. The Veteran's claim for an initial 30 percent rating prior to September 20, 2016, for migraine headaches is granted. The Board also remanded the claims for service connection and increased ratings of these conditions.
The deciding factor: The Board found that the evidence was in equipoise as to whether the Veteran's migraine headaches were productive of characteristic prostrating attacks occurring on an average once a month over last several months, warranting an initial 30 percent rating. However, for the claim of entitlement to a rating in excess of 30 percent prior to December 14, 2017, for migraine headaches, the Board found that the benefit-of-the-doubt rule is not applicable as the evidence was not in equipoise.
- Claimed conditions
- migraine headaches, bilateral hearing loss disability, back disability, right knee disability, left knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 19, 2023
- Citation
- 23003445
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 23003445.
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 appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient rationale in the July 2012 VA examination for the Veteran's left knee disability, and a new addendum opinion is needed.
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