The Board has determined that remand is necessary for the Veteran's claims of service connection for a headache disability and tinnitus, as the prior VA examinations were not conducted in accordance with the Board's previous directives. The AOJ must obtain updated medical records, conduct new VA examinations to determine the nature, date of initial onset, and etiology of the Veteran's headaches and tinnitus, and consider whether service connection can be established under a direct theory.
The deciding factor: The prior VA examinations were not conducted in accordance with the Board's previous directives, which required substantial compliance with remand instructions. The AOJ must ensure that the Veteran is provided with adequate notice of the examinations and that they are completed as directed.
- Claimed conditions
- headache disability, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 7, 2023
- Citation
- 23007622
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 23007622.
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 Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Remanded (sent back)
The Veteran's claims regarding entitlement to service connection for a headache disability and entitlement to an initial disability rating in excess of 10 percent prior to May 29, 2014, and in excess of 20 percent thereafter for right tibiofibular ligament strain are being remanded due to the need for additional development.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
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