The Veteran's appeal involves the recoupment of separation pay from his disability compensation payments. The case is being remanded for further review, including determining if any service-connected disabilities were compensable during his first period of service.
The deciding factor: The decision requires a determination on whether any service-connected disabilities were compensable during the Veteran's first period of service.
- Claimed conditions
- Cervical spine, Left knee, Lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 17, 2015
- Citation
- 1552733
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 1552733.
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 found that the reduction of the Veteran's VA compensation benefits to a 5% rate effective November 1, 2016 was proper due to his incarceration for more than 60 days following conviction of a felony offense. The appeal is denied.
- Remanded (sent back)
The Veteran's claims for compensation under 38 U.S.C. § 1151 are remanded due to the need for additional medical opinions regarding whether his surgeries and post-surgical care resulted in additional disabilities, as well as an evaluation of fault on VA's part.
- Denied
The Board has determined that the Veteran's claimed disabilities of right and left knee, right and left foot, and thoracolumbar spine are not service-connected as they were not shown to be incurred or aggravated during his military service.
- Dismissed
The Board dismissed the appeals regarding proposed reductions in ratings for right upper extremity radiculopathy and lumbar spine conditions due to procedural issues.
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