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Remanded (sent back)PACT Act

The Veteran's PTSD has been rated at 70 percent since the appeal period began, and she is now receiving TDIU based on her service-connected PTSD.,Service connection for fibromyalgia is not established. The VA examiner noted conflicting evidence regarding this condition.,Service connection for bilateral fungus in the external ears is not established due to lack of a current diagnosis.,Service connection for nosebleeds is not established as no etiological opinion was provided by any VA examiner.,Service connection for asthma is not established. The Veteran's service records suggest LEEP was related to cervical dysplasia, but HPV status is unclear.,Service connection for renal cyst, left side is not established due to lack of a current diagnosis and the possibility that urinary frequency issues may be unrelated to the cyst.,Service connection for status post cervix loop electrosurgical excision procedure (LEEP) is pending as it requires clarification regarding HPV status.,The Veteran's right knee tendonitis and osteoarthritis are currently rated at 10 percent prior to October 8, 2015, and in excess of 30 percent since then. The VA examination did not comply with the requirements for a remand.,The Veteran's left shoulder degenerative arthritis is currently rated at 0 percent (non-compensable). The VA examination did not comply with the requirements for a remand.,The Veteran's left shoulder scars are currently rated as non-compensable. A new VA examination is needed to determine the number and nature of her shoulder scars and their associated symptoms.

The deciding factor: PTSD has been rated at 70 percent since the appeal period began, based on the severity of the Veteran's symptoms.,Service connection for fibromyalgia cannot be established due to conflicting evidence regarding this condition.,Service connection for bilateral fungus in the external ears is not supported by current medical records.,Service connection for nosebleeds has not been established as no etiological opinion was provided by any VA examiner.,Service connection for asthma requires clarification of whether it pre-existed and was aggravated by service or if HPV played a role.,Service connection for renal cyst, left side is not supported due to lack of current diagnosis and the possibility that urinary frequency issues may be unrelated to the cyst.,Service connection for status post cervix loop electrosurgical excision procedure (LEEP) requires clarification regarding HPV status.,The Veteran's right knee tendonitis and osteoarthritis are currently rated at 10 percent prior to October 8, 2015, and in excess of 30 percent since then. The VA examination did not comply with the requirements for a remand.,The Veteran's left shoulder degenerative arthritis is currently rated as non-compensable due to lack of current diagnosis and the need for clarification regarding its severity.,The Veteran's left shoulder scars are currently rated as non-compensable due to unclear evidence regarding their number and nature.

Claimed conditions
Posttraumatic Stress Disorder (PTSD), Fibromyalgia, Bilateral fungus in the external ears, Nosebleeds, Asthma, Renal cyst, left side, Status post cervix loop electrosurgical excision procedure (LEEP)
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
June 28, 2018
Citation
18114495

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 18114495.

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.

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