The Veteran's claims for increased ratings and service connection have been remanded due to procedural errors in obtaining necessary medical opinions.
The deciding factor: Procedural errors occurred prior to the rating decisions, specifically regarding the scheduling of examinations and the provision of adequate rationale for medical opinions. These issues must be addressed before a final decision can be made on these claims.
- Claimed conditions
- Right Shoulder Superior Labrum Anterior and Posterior (SLAP) Tear Repair, Sinus Condition, Irritable Bowel Syndrome (IBS), Obstructive Sleep Apnea, Left Shoulder Condition
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2019
- Citation
- A19002413
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.
- Partly granted
The Board granted an effective date of September 2, 2020, for the grant of service connection for irritable bowel syndrome (IBS) but denied a higher initial rating and TDIU.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Granted
The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disorders, lumbar and cervical spine disabilities, bilateral radiculopathy of the upper extremities, and bilateral radiculopathy and neuropathy of the lower extremities.
- Denied
The Board denied a rating in excess of 50 percent for PTSD, finding that the Veteran's symptoms more closely approximated those associated with a 50 percent rating.
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