The Board has determined that the November 2006 and December 2020 decisions are not final due to new and material evidence received within one year of those decisions. The Veteran's claim for an initial higher rating for headaches from November 23, 2005, to July 17, 2012 is remanded as the AOJ did not adjudicate this issue during the appeal period.
The deciding factor: New and material evidence was received within one year of the November 2006 rating decision, which prevented it from becoming final. The earlier effective date for PTSD in December 2020 was implemented based on a Board decision, making the December 22, 2020 rating decision not an adjudicative determination that can be challenged.
- Claimed conditions
- headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 19, 2024
- Citation
- A24058069
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 A24058069.
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 Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's claim for service connection for headaches was reopened due to new and material evidence, and the Board found that his current headaches are related to service. Service connection is granted.
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