The Board previously denied a higher rating for the Veteran's service-connected right wrist disability. The Court of Appeals for Veterans Claims has now ruled that the decision was not thorough enough and requires a new examination to consider muscle impairment under specific diagnostic codes.
The deciding factor: The Court found the Board did not provide adequate reasons for choosing the 38 C.F.R. § 4.71a, Diagnostic Code 5215 as the basis for the rating decision.
- Claimed conditions
- Right wrist disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 12, 2019
- Citation
- 19145991
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 claims for service connection due to a pre-decisional duty to assist error regarding VA's obligation to obtain relevant records from the Social Security Administration.
- Denied
The Board denied service connection for an acquired psychiatric disorder and denied initial ratings in excess of 10 percent for unspecified follicular disorders, left wrist disability, and right wrist disability. The denial was based on the lack of evidence supporting a current diagnosis of an acquired psychiatric disorder and the absence of symptoms that would warrant higher ratings.
- Remanded (sent back)
The Board remands the Veteran's claims for service connection for various disabilities and a TDIU due to pre-decisional duty-to-assist errors.
- Partly granted
The appeal was granted for service connection of a lumbar spine disability, radiculopathy of the left lower extremity, and a right wrist disability due to new evidence. Tinnitus was granted on direct service connection.
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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.