The Veteran's claims for service connection for right hip condition, low back condition, migraines, left shoulder condition, and right shoulder condition are being remanded due to the submission of new and material evidence.,The Veteran's claim for service connection for acid reflux disease is also being remanded as it is inextricably intertwined with his claims for service connection for migraines, hypertension, sleep apnea, and depression.
The deciding factor: New and material evidence has been submitted that suggests a possible relationship between the Veteran’s current conditions and his military service.
- Claimed conditions
- right hip condition, low back condition, migraines, left shoulder condition, right shoulder condition
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 24, 2019
- Citation
- 19131806
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 the veteran's claimed conditions, including right shoulder arthritis, left shoulder arthritis, right hip condition, left hip condition, low back disability, and bilateral lower extremity radiculopathy, as there was no evidence of in-service injury or illness related to these conditions.
- Dismissed
The veteran's appeal requests for service connection and increased ratings were denied due to untimeliness, as the appeals were not filed within one year of the respective rating decisions.
- 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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