The Veteran's tension headaches and radiculopathy of the right lower extremity have not been productive of characteristic prostrating attacks or other symptoms warranting higher ratings.,Service connection for asthma, respiratory insufficiency (COPD), sinusitis, neck disability, and muscle and joint pain has not been established.
The deciding factor: The evidence does not support the presence of characteristic prostrating headaches or radiculopathy that would warrant higher ratings under VA rating criteria.
- Claimed conditions
- Tension headaches, Radiculopathy, right lower extremity, Bilateral hearing loss, Asthma, Respiratory insufficiency (COPD), Sinusitis, Neck disability, Muscle and joint pain
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 11, 2023
- Citation
- 23038161
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 23038161.
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.
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The Veteran's claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Remanded (sent back)
The Veteran's appeals of the initial ratings for his service-connected chronic cough and bilateral hearing loss are remanded due to procedural errors in the evidentiary record.
- 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.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
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