The Veteran's claims for increased ratings and an earlier effective date are being remanded due to the need to correct duty-to-assist errors.,A retrospective opinion is needed regarding the severity, frequency, and duration of the Veteran's migraine headaches prior to June 22, 2017.
The deciding factor: The Board found that there were pre-decisional duty-to-assist errors in obtaining relevant clinical records for the period from June to December 2004 and from October 2007 to February 2015.
- Claimed conditions
- Major depression with anxiety disorder and insomnia, Migraine headaches, Degenerative arthritis of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 21, 2024
- Citation
- A24059156
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 A24059156.
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 traumatic brain injury and migraine headaches due to right eye removal are granted. The claim for a compensable evaluation of xeroderma of the right eye is remanded.
- Denied
The Board denied an increased initial disability rating for migraine headaches, finding that the Veteran's symptoms did not meet the criteria for a 50% rating due to lack of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.
- Dismissed
The Veteran's appeals for service connection and increased ratings were dismissed due to an improper concurrent election.
- Granted
The Veteran's 50% disability evaluation for migraine headaches was restored to May 12, 2021 after the reduction in rating was found not proper.
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