The appeal is remanded to the RO for further development and consideration of the claims, including an examination regarding the impact of medication side-effects on employability.
The deciding factor: The Board did not adequately discuss the appropriateness of referring the initial rating issue for extraschedular consideration and did not adequately discuss whether the Veteran had been rendered unable to gainfully work.
- Claimed conditions
- intercostal neuralgia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 27, 2009
- Citation
- 0911538
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.
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The Veteran's nerve damage of the left upper extremity, which includes paresthesias and numbness in the intercostal nerve distribution, is considered service-connected as it resulted from his service-connected lung cancer.
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- Remanded (sent back)
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- 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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