The Veteran's tension headaches are remanded due to a pre-decisional duty to assist error.,The Veteran's left leg sciatica and radiating pain are remanded due to a pre-decisional duty to assist error.
The deciding factor: There were errors in the decision-making process regarding the Veteran's claims, specifically related to obtaining necessary medical examinations and clarifying diagnoses. The AOJ needs to correct these errors by providing adequate VA examinations and ensuring all relevant evidence is considered.
- Claimed conditions
- Tension headaches, Left leg sciatica and radiating pain
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 1, 2023
- Citation
- A23034265
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 A23034265.
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 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.
- Granted
The Veteran's tension headaches are rated at a 30 percent rating, effective December 26, 2024. The Board found that the Veteran experienced characteristic prostrating attacks occurring on an average of once a month over the last several months, warranting this rating. A higher rating is denied.
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