The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded as the AOJ has not provided a supplemental statement of the case addressing new evidence and further development is needed. Additionally, the VA treatment records need to be obtained, and a new examination by an appropriate clinician is required.
The deciding factor: The claimant's testimony at a March 2018 hearing indicated that he was receiving Social Security disability benefits due to his bilateral total hip replacements, which are pertinent to the claim of entitlement to a total disability evaluation based on individual unemployability. The Veteran also reported having received VA treatment records from January 2018 to the present.
- Claimed conditions
- postsurgical residuals of a right total hip replacement, postoperative residuals of a left total hip replacement with degenerative joint disease, postoperative residuals of a left ankle reconstruction with sprain, left hip surgical scars, left ankle surgical scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 3, 2018
- Citation
- 18115380
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 18115380.
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 claims for earlier effective dates and increased ratings have been denied.,The Veteran was granted a TDIU based on his service-connected disabilities.
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- Remanded (sent back)
The Board has remanded the case for further development, including obtaining updated medical records and scheduling VA examinations to assess the current severity of the Veteran's service-connected disabilities. The effective dates for earlier connection claims remain denied.
- Remanded (sent back)
The Board denied earlier effective dates for the award of 10 percent evaluations for left lower extremity sural nerve neuritis and remanded other claims for further development.
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