The Board has remanded the Veteran's claims for increased disability ratings due to insufficient examination findings regarding functional loss during flare-ups and repetitive use over time. The claims are now pending before the Board.
The deciding factor: The VA examinations did not adequately address the degree of additional range of motion loss due to pain, weakness, fatigability, or incoordination during flare-ups or with repetitive use over time for all service-connected disabilities.
- Claimed conditions
- Degenerative disc disease of the back, Left lower extremity radiculopathy, Left knee chondromalacia, status post arthroscopy for meniscal tear (left knee disability), Left hip strain with limitation of flexion, Left hip strain with impairment of the thigh, Tension headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 24, 2023
- Citation
- 23018549
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 23018549.
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 Board has granted effective dates of July 10, 2024 for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.
- Granted
The Veteran's initial evaluation for tension headaches to include migraines is granted, with a rating of 50 percent effective from May 23, 2023.
- Remanded (sent back)
The Veteran's claim for a compensable disability rating for tension and migraine headaches is remanded due to the inadequacy of the September 2020 VA examination report, which did not consider the ameliorative effects of medication.
- Granted
The Veteran's tension headaches, which have been service-connected since the grant of service connection, are found to be very frequent and completely prostrating with prolonged attacks productive of severe economic inadaptability. The Board grants an initial 50 percent rating for tension headaches prior to December 1, 2020.
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