The Board has accepted the September 8, 2020 NODs as timely filed for the November 25, 2014, August 8, 2017, and May 14, 2018 rating decisions. The issues of increased ratings for headaches and a psychiatric disability, and entitlement to TDIU are remanded.
The deciding factor: The presumption of regularity was rebutted due to VA's failure to upload the VA Form 21-22a into the claims file and carbon copy the Veteran's representative on the notification letters.
- Claimed conditions
- headaches, posttraumatic stress disorder (PTSD) with depression and alcohol use disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2024
- Citation
- A24063851
Veterans Law Judge
Decisions by this judge: 766 · Granted: 40% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24063851.
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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.