The Board remands the claim for an earlier effective date for a 30 percent disability rating for post-concussive headaches to correct a duty to assist error and obtain a supplemental VA opinion.
The deciding factor: A remand is necessary due to a duty to assist error identified by the Court in Ingram v. Collins, which requires discounting the beneficial effects of medication when assigning an evaluation for post-concussive headaches rated under Diagnostic Code 8100.
- Claimed conditions
- post-concussive headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2025
- Citation
- A25089770
Veterans Law Judge
Decisions by this judge: 2,240 · Granted: 28% (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 A25089770.
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 voiding dysfunction (claimed as urinary frequency) is granted service connection secondary to his service-connected diabetes mellitus. The Veteran's post-concussive headaches are remanded for further evaluation due to insufficient medical opinions.
- Partly granted
The Board granted a 70 percent disability rating for unspecified anxiety and depressive disorder from November 9, 2023, but remanded the issues of a higher rating for post-concussive headaches and service connection for obstructive sleep apnea.
- Partly granted
The Board granted a 30 percent disability rating for post-concussive headaches, but remanded the other issues.
- Denied
The Board denied a rating in excess of 10 percent prior to April 21, 2017, and awarded a rating of 30 percent thereafter for the service-connected post-concussive headaches.
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