The Board remands the claims for a back disability and headaches to obtain additional VA examinations that address the functional loss due to flare-ups, prostrating attacks, and other symptoms as required by law.
The deciding factor: The Board found pre-decisional duty-to-assist errors in the prior VA examinations and opinions regarding both conditions, necessitating new examinations to properly assess the Veteran's claims.
- Claimed conditions
- Degenerative disc disease L5-S1 (back disability), Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2025
- Citation
- A25031538
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.
- Denied
The Board denied service connection for various disabilities, including an acquired psychiatric disability, headaches, a back disability, heart disability, and residuals of a stroke, as the evidence did not support a finding that these conditions were related to the Veteran's active service or caused by his service-connected left ear disabilities.
- Dismissed
The Veteran withdrew the appeal in September 2025, stating that she is now 100% permanently and totally disabled effective April 29, 2025.
- Remanded (sent back)
The Board remands the claims for a disability rating in excess of 50 percent for PTSD with TBI and a disability rating in excess of 10 percent for headaches as secondary to PTSD with TBI due to a duty to assist error.
- Partly granted
The Board denied service connection for erectile dysfunction and remanded the claims for a sleep disorder and headaches to ensure proper development of evidence.
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