The Veteran's motion to revise or reverse the September 1998 rating decision that assigned a noncompensable rating for bilateral shin splints is denied.,The Veteran's motion to revise or reverse the September 1998 rating decision that assigned a 10 percent rating for cervical strain with parascapular muscle spasm and myofascial syndrome is remanded.
The deciding factor: The evidence at the time of the September 1998 rating decision did not support the conclusion that the Veteran’s shin splints were more appropriately rated as foot and ankle disabilities, nor did it indicate that the disability was related to any foot or ankle condition.,There is no indication in the medical evidence of record at the time of the September 1998 rating decision that the Veteran had a diagnosis of intervertebral disc syndrome (IVDS), ankylosis of the cervical spine, or a vertebra fracture. Therefore, the RO did not err in assigning a 10 percent rating for cervical strain with parascapular muscle spasm and myofascial syndrome under DC 5290.
- Claimed conditions
- Bilateral Shin Splints, Cervical Strain with Parascapular Muscle Spasm and Myofascial Syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 25, 2018
- Citation
- 18137558
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 18137558.
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 has granted service connection for Obstructive Sleep Apnea and remanded the issue of service connection for Bilateral Shin Splints.
- Denied
The Veteran's claims for right knee degenerative arthritis, bilateral shin splints, GERD, and bone spurs of the right and left toes were denied. An initial 10 percent rating was granted prior to August 14, 2024, for right knee degenerative arthritis.
- Remanded (sent back)
The Board remands the claims for service connection for GERD, an initial disability rating in excess of 10 percent for right knee strain, and a compensable initial disability rating for bilateral shin splints to correct pre-decisional errors.
- Partly granted
The Board granted service connection for GERD, obstructive sleep apnea, and increased the ratings for PTSD and bilateral shin splints.
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