The Board remands the claim for a higher disability rating for sinus, tension, and migraine headaches due to an incomplete duty to assist.
The deciding factor: VA failed to make two adequate attempts to obtain private treatment records from St. Mary's Medical Center, which is considered a pre-decisional duty to assist error.
- Claimed conditions
- sinus, tension, and migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 1, 2025
- Citation
- A25029918
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.
- Dismissed
The appeal for an increased evaluation of sinus and migraine headaches was withdrawn by the veteran.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.