The Veteran's claim for service connection for a lumbar spine disability is being remanded due to new and material evidence. The effective date for the increased rating of 30 percent for headaches remains denied as there was no factually ascertainable increase in severity prior to May 24, 2018.,The Veteran's tension headaches are rated at 30 percent but not higher due to lack of very frequent completely prostrating and prolonged attacks. The left shoulder strain with degenerative arthritis is also rated at 20 percent as there is no limitation of motion that meets the criteria for a higher rating.
The deciding factor: The Veteran's tension headaches do not meet the criteria for a higher rating due to lack of very frequent completely prostrating and prolonged attacks.
- Claimed conditions
- lumbar spine disability, tension headaches, left shoulder strain with degenerative arthritis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2023
- Citation
- 23066731
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 23066731.
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.
- Remanded (sent back)
The Board has determined that additional development is needed for the claims on appeal, including obtaining any outstanding treatment records and scheduling VA examinations to assess the current severity of service-connected disabilities. The Veteran's representative also requested reevaluation of his service-connected disabilities.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
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