The Board has determined that there are missing, pertinent records that must be obtained prior to making an informed decision regarding the service connection claims. These records include VA outpatient records from December 2001 to 2015 and any private treatment records related to the Veteran's claimed disabilities, particularly those from Mercy Hospital in the early 2000s.
The deciding factor: The Board found that there are missing medical records which could provide important information regarding the Veteran's service connection claims. These records may include VA outpatient records from December 2001 to 2015 and any private treatment records related to his claimed disabilities, particularly those from Mercy Hospital in the early 2000s.
- Claimed conditions
- migraines, residuals of a neck injury, bilateral foot disability, left shoulder disability, bilateral leg disability (claimed as secondary to a service connected lumbar spine disability), psychiatric disability (claimed as stress and anxiety)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2019
- Citation
- 19101993
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 Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Board granted service connection for tinnitus and a right hip disability, and granted a 30 percent rating for ureterolithiasis. The claim for an increased rating for PTSD was denied, while other claims were remanded.
- Denied
The Board denied the Veteran's appeal for an initial rating in excess of 30 percent for migraines, finding that his symptoms more closely approximate a 30 percent disability rating.
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