The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is remanded as the current examinations do not reflect the effects of his service-connected conditions, particularly those related to lung cancer and shrapnel wounds. The VA must obtain updated medical opinions regarding these issues.
The deciding factor: The Veteran's claims for TDIU are based on multiple service-connected disabilities, including lung cancer and shrapnel wounds, which have not been adequately evaluated in the current examinations.
- Claimed conditions
- posttraumatic stress disorder (PTSD), residuals of shrapnel wound of the chest, residuals of shrapnel wound of the left arm, residuals of shrapnel wound of the neck, shrapnel wounds of the right leg, shrapnel wounds of each buttock, shrapnel wounds of the back, lung cancer status-post lobectomy with well-healed scar, bilateral hearing loss, diabetes mellitus type II
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 29, 2019
- Citation
- 19123753
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 19123753.
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.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Granted
The Board granted an effective date of October 17, 2022, for the grant of service connection for PTSD.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
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