The Board remands the claims for a rating in excess of 30 percent, prior to April 16, 2019, and in excess of 50 percent thereafter, for bilateral plantar fasciitis with pes planus with scar; a rating in excess of 40 percent for degenerative disc disease thoracic back strain; a rating in excess of 30 percent for migraine headaches; a rating in excess of 30 percent for sinusitis with rhinitis; and service connection for obstructive sleep apnea (OSA) due to duty-to-assist errors.
The deciding factor: The Board remands the claims because the AOJ failed to provide adequate VA medical examinations assessing the Veteran's claimed conditions, which are necessary to properly evaluate the severity of his conditions during flare-ups and the effects of medications on those conditions.
- Claimed conditions
- bilateral plantar fasciitis with pes planus with scar, degenerative disc disease thoracic back strain, migraine headaches, sinusitis with rhinitis, obstructive sleep apnea (OSA)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 14, 2025
- Citation
- A25043234
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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- 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.
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