The veteran is seeking earlier effective dates for various service-connected disabilities and the award of a total rating based on individual unemployability. The case must be remanded to allow for proper VCAA notice, issuance of a Statement of the Case, and readjudication.
The deciding factor: The veteran's claims are interrelated with his claim for a total rating based on individual unemployability due to service-connected disabilities, which requires simultaneous consideration.
- Claimed conditions
- post-traumatic stress disorder, cold injury to the left foot, cold injury to the right foot, post-traumatic osteoarthritis of the cervical spine, post-traumatic osteoarthritis of the thoracolumbar spine, peripheral neuropathy of the left lower extremity, peripheral neuropathy of the right lower extremity, hypertension, hearing impairment
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 3, 2006
- Citation
- 0609611
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 Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
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