The Veteran's claims for service connection and increased ratings have been partially granted, with some issues remanded for further review. The denial of the nervous disorder claim on CUE grounds is upheld.
The deciding factor: The denial of the nervous disorder claim was based on failure to report to a scheduled VA examination, which resulted in abandonment of the claim.
- Claimed conditions
- Nervous Disorder, Arthritis and Spondylosis of the Lumbar Spine, Arthritis of the Cervical Spine, Erectile Dysfunction, Hypertension, Initial Compensable Rating for Hepatitis C, Rating in Excess of 70 Percent for PTSD (Posttraumatic Stress Disorder), Total Disability Rating Based on Individual Unemployability Due to Service-Connected Disabilities (TDIU)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2019
- Citation
- 19130453
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied a compensable rating for erectile dysfunction and a higher rating for left upper extremity peripheral neuropathy with muscle weakness, but granted an earlier effective date for the 60 percent disability rating for thrombosis, TIA or cerebral infarction with impairment of sphincter control and voiding dysfunction, and for service connection for pharynx and/or larynx and/or swallowing conditions residuals.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes mellitus type II and hypertension, to include as secondary to left orchiectomy, for further development in accordance with the PACT Act.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
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