The Veteran's claims for right leg nerve damage, TBI, migraines, and postural dizziness are being remanded due to pre-decisional duty to assist errors.,Specifically, the VA examinations and opinions need to be corrected to address the nature of the disabilities and their relationship to service.
The deciding factor: The claims for right leg nerve damage, TBI, migraines, and postural dizziness are being remanded because the previous VA examinations and opinions did not adequately consider the Veteran's reported injuries in service and the medical literature supporting his claim.,The VA needs to provide a clear explanation of whether these conditions are related to the Veteran's reported in-service injuries.
- Claimed conditions
- Right leg nerve damage, TBI, Migraines, Postural dizziness (Vertigo, gait/imbalance impairment, and functional neurological disorder)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2024
- Citation
- A24068179
Veterans Law Judge
Decisions by this judge: 622 · Granted: 17% (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 A24068179.
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.
- Remanded (sent back)
The Veteran's eligibility for the VA Program of Comprehensive Assistance for Family Caregivers (PCAFC) is being remanded because the decision was based on incomplete medical evidence and did not consider all available records.
- 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.
- 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.
- Denied
The Veteran's claim for SMC based on aid and attendance is denied as the effective date cannot be prior to November 9, 2017.
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.