The Veteran's depressive disorder is rated at 50 percent from February 8, 2018 to October 7, 2020 and 50 percent as of October 8, 2020.,The Veteran's right upper extremity radiculopathy is currently rated as noncompensable. The remand requires obtaining private treatment records from Indiana Spine Group and Indiana University Neurology to determine the appropriate disability rating.,The Veteran's left upper extremity radiculopathy is currently rated as noncompensable. The remand requires obtaining private treatment records from Indiana Spine Group and Indiana University Neurology to determine the appropriate disability rating.,The Veteran's migraines are rated at 50 percent effective October 8, 2020. The remand requires obtaining private treatment records from Indiana Spine Group and Indiana University Neurology to determine the appropriate disability rating.
The deciding factor: The evidence is insufficient to determine the appropriate disability ratings for the Veteran's upper extremity radiculopathy and headaches due to incomplete records, which may assist in substantiating his claims. The failure to obtain these records constitutes a pre-decisional duty to assist error.
- Claimed conditions
- Depressive Disorder, Right Upper Extremity Radiculopathy, Left Upper Extremity Radiculopathy, Migraines
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 11, 2024
- Citation
- A24031020
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. Read the original VA decision (opens in a new tab) using citation A24031020.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection for PTSD has been dismissed as the claim was granted and effective from February 22, 2023.
- 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 psychiatric disorder, specifically depressive disorder, is rated at 70 percent effective from August 3, 2021. The claim for a higher rating remains denied.
- 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.
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