The Veteran's claims for increased ratings and TDIU have been remanded due to the need for additional medical examinations to address flare-ups of his right hip disabilities.
The deciding factor: Additional medical examination is required to properly assess the impact of flare-ups on the Veteran’s right hip disabilities, as per VA guidelines in Sharp v. Shulkin.
- Claimed conditions
- bilateral hearing loss, right hip osteoarthritis (right hip disability), arthritis, right hip, limitation of flexion of thigh, arthritis, right hip, impairment of the thigh
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 24, 2019
- Citation
- 19132143
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.
- Remanded (sent back)
The Board remands the appeal to obtain a VA medical opinion that considers the Veteran's contentions of in-service training with heavy gear and equipment.
- 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).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Veteran's tinnitus is granted, while fibromyalgia, internal or external hemorrhoids, bilateral hearing loss, and neuropathy are denied.
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