The Board denied service connection for right diaphragm paralysis and remanded the issues of increased rating for lumbosacral strain with arthritis of the thoracolumbar spine and TDIU.
The deciding factor: The preponderance of evidence is against finding that the Veteran's current disability began during active service or is otherwise related to an in-service injury or disease.
- Claimed conditions
- right diaphragm paralysis, lumbosacral strain with arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 19, 2019
- Citation
- 19130712
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's appeal for an earlier effective date for the evaluation of lumbosacral strain with degenerative arthritis of the spine was granted, while other claims were remanded.
- Granted
The veteran is granted a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities starting from April 20, 2010.
- Dismissed
The appeal was dismissed because the veteran passed away during the pendency of the appeal.
- Denied
The Board denied the Veteran's appeal for an earlier effective date for service connection of lumbosacral strain with arthritis and cervical strain with arthritis, as the earliest permissible effective date was assigned.
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