The Board remands the claims for service connection for a headache disability and a gastrointestinal disorder, to include GERD, due to duty-to-assist errors.
The deciding factor: Remand is necessary to correct the duty to assist errors on the part of the originating agency in satisfying its duties under 38 U.S.C. § 5103A, which occurred prior to the rating decision on appeal.
- Claimed conditions
- headache disability, gastrointestinal disorder, to include GERD
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2024
- Citation
- A24073791
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 Board remands the claims for service connection for Parkinson's disease/parkinsonism, a gastrointestinal disorder, a speech disorder, and essential tremor due to an inadequate VA examination.
- Dismissed
The Veteran withdrew her appeal for an increased rating for a headache disability, and the Board dismissed the claim.
- Granted
The Board granted an earlier effective date of September 11, 2024 for the Veteran's headache disability based on continuous pursuit of her claim.
- Denied
The Board denied an increased rating for the Veteran's headache disability, finding that the evidence did not support a rating in excess of 30 percent prior to July 1, 2023.
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.