The Board has remanded the Veteran's claims for a rating in excess of 20 percent for lumbar spine strain and a rating in excess of 10 percent for posttraumatic arthritis of the left humeral head with rotator cuff tear due to unsuccessful attempts in contacting the Veterans Health Administration (VHA).
The deciding factor: The Board found that the RO did not comply with the remand instructions to contact the VHA and therefore, these claims must be remanded again.
- Claimed conditions
- lumbar spine strain, posttraumatic arthritis of the left humeral head with rotator cuff tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 15, 2019
- Citation
- 19128510
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.
- Dismissed
The appeal for higher ratings and special monthly compensation was withdrawn by the Veteran before a decision was made.
- Denied
The Board denied the veteran's claims for earlier effective dates and service connection for various conditions, as well as initial ratings higher than noncompensable for dermatitis and hypertension, and a rating higher than 20 percent for lumbar spine strain.
- Partly granted
The Board granted service connection for right temporomandibular joint disorder (TMJ) and bruxism, lumbar spine strain, and erectile dysfunction and hypogonadism. The appeal was denied for an initial compensable rating for eczema.
- Dismissed
All appeals listed were dismissed due to the Veteran's death.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.