The Veteran's claim for a compensable disability rating for tension headaches has been denied as his headache symptoms do not meet the criteria for such a rating.,The Veteran's adjustment disorder is remanded due to allegations of worsening since the last examination, and a new VA examination is needed to assess its current severity.,The Veteran's right shin splints are remanded because he alleges that they have worsened since the last examination, necessitating a new VA examination.,The Veteran's left medial tibial stress syndrome with left leg pain is also remanded due to allegations of worsening and requires a new VA examination.,The Veteran's claim for service connection for left leg nerve damage is remanded as it may be related to his service-connected left medial tibial stress syndrome, necessitating an opinion from the examiner.,The Veteran's TDIU claim is inextricably intertwined with the other claims and must be deferred until those claims are resolved.
The deciding factor: The evidence does not reflect that the Veteran has suffered from characteristic prostrating attacks of headache pain, which would warrant a compensable rating under DC 8100.,The Veteran's testimony at his hearing did not suggest that his adjustment disorder is worse than when previously rated, and no new examination was needed to assess its severity.,The Veteran alleges worsening right shin splints since the last examination, necessitating a new VA examination to determine their current severity.,The Veteran alleges worsening left medial tibial stress syndrome with left leg pain since the last examination, necessitating a new VA examination to determine its current severity.,The examiner must determine whether the Veteran's left leg nerve damage is separate and distinct from his service-connected left medial tibial stress syndrome or if it is solely attributed to that condition. If separate, they must assess whether it is at least as likely as not related to active service or aggravated by the service-connected condition.,The TDIU claim is inextricably intertwined with the other claims and cannot be adjudicated until those are resolved.
- Claimed conditions
- Tension headaches, Adjustment disorder, Right shin splints, Left medial tibial stress syndrome with left leg pain, Left leg nerve damage
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2023
- Citation
- 23058873
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 23058873.
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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