The Veteran's claim for a compensable disability rating for migraines has been denied as the evidence does not show characteristic prostrating attacks averaging at least once every two months.,The Veteran's claim for an increased rating for PTSD with alcohol use and TBI is remanded due to a duty to assist error. The AOJ must attempt to obtain private psychiatric treatment records from Dr. T.H.
The deciding factor: The evidence does not show the Veteran's migraines met the criteria for a compensable rating during the appeal period, as his migraine headaches were characterized by less frequent attacks and did not result in characteristic prostrating attacks averaging at least once every two months.,The AOJ must attempt to obtain private psychiatric treatment records from Dr. T.H. due to a duty to assist error.
- Claimed conditions
- Migraines, Posttraumatic Stress Disorder (PTSD) with alcohol use and a Traumatic Brain Injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 11, 2023
- Citation
- A23035409
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 A23035409.
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.
- Denied
The Veteran's appeal for a higher rating for his migraine headaches was denied as the evidence did not show that his migraines were productive of severe economic inadaptability.
- Denied
The Veteran's PTSD with TBI is rated at 70 percent, which is denied as the criteria for a higher rating are not met.
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