The Board remands the issues of entitlement to an increased initial disability rating in excess of 30 percent for migraine headaches, prior to January 22, 2024; a compensable disability rating for right knee surgical scars prior to January 22, 2024, and in excess of 20 percent thereafter; and entitlement to a TDIU for issuance of an SSOC.
The deciding factor: The AOJ failed to issue a supplemental statement of the case as required by 38 C.F.R. § 19.31(c) after remanding the issues for further development.
- Claimed conditions
- migraine headaches, right knee surgical scars, total disability rating based on individual unemployability (TDIU)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 16, 2025
- Citation
- 25009289
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 migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
- Partly granted
The Board granted a 30 percent rating for the Veteran's service-connected migraine headaches, but no greater.
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