The Board remands the claims for an initial compensable rating for migraines and an initial rating in excess of 50 percent for obstructive sleep apnea and asthma due to a lack of compliance with previous remand instructions.
The deciding factor: Remand is required as there has not been substantial compliance with the mandates of the November 2024 remand order, specifically regarding obtaining complete service treatment records and an opinion addressing the frequency and severity of migraines prior to and at the time of a December 2020 VA examination.
- Claimed conditions
- migraines, obstructive sleep apnea and asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 13, 2025
- Citation
- 25007918
Veterans Law Judge
Decisions by this judge: 1,680 · Granted: 24% (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 25007918.
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 claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- 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.
- Dismissed
The appeal concerning the service connection claims for various conditions and initial compensable evaluations for service-connected erectile dysfunction and bilateral hearing loss is dismissed due to the Veteran's death.
- Granted
The Board has granted a 50 percent disability rating for the Veteran's migraines, effective April 30, 2026. The decision found that the Veteran's migraine headaches caused characteristic very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.
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