The Veteran's claims for higher ratings for swallowing difficulties and headache syndrome are being remanded due to duty-to-assist errors. The VA needs to obtain private neurologist records, schedule examinations to assess the severity of her conditions, and address relevant diagnostic criteria.
The deciding factor: The Board found that there were duty-to-assist errors in obtaining necessary medical records and addressing all relevant diagnostic criteria for the Veteran's conditions.
- Claimed conditions
- swallowing difficulties, headache syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 17, 2024
- Citation
- A24019073
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 A24019073.
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 service connection claims for various conditions were granted effective from July 1, 2020.
- Remanded (sent back)
The Board has remanded the claims for service connection for sleep disability, higher initial ratings for left lower extremity weakness and speech (aphonia) and swallowing difficulties, and an increased rating for thrombosis, transient ischemic attack with left upper extremity weakness due to outstanding private treatment records and inadequate examination reports.
- Granted
The Board granted an effective date of January 10, 2017, for the award of service connection for hoarseness, swallowing difficulties, and constipation associated with multiple sclerosis.
- Granted
The Board granted an initial disability rating of 50 percent for headache syndrome, finding that the evidence is in at least approximate balance as to whether the Veteran's headaches have more nearly approximated very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability throughout the period on appeal.
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