The Veteran's claim for higher ratings on several service-connected disabilities is being remanded due to the need for additional VA treatment records and examinations.
The deciding factor: Additional medical evidence and examination are required to determine the current severity of the Veteran’s disabilities and their impact on his daily activities.
- Claimed conditions
- cervical spine degenerative joint disease, left foot bunion deformity with degenerative arthritis of the first MTP joint, left hip degenerative joint disease, left knee degenerative joint disease, left shoulder impingement syndrome, lumbar strain, migraines, right foot bunion deformity with degenerative arthritis of the first MTP joint, right hand fifth little finger flexion deformity, right hand third middle finger flexion deformity, right knee degenerative joint disease, right shoulder impingement syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 17, 2019
- Citation
- 19147284
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 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.
- Remanded (sent back)
The Board remands the claim for service connection for migraines, including as secondary to cervical strain, due to pre-decisional duty to assist errors in not translating relevant Spanish documents and ensuring a VA examiner considered all evidence.
- Denied
The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 and service connection for a left shoulder condition, as there was no evidence to support that his current disability was caused by VA treatment or related to his active military service.
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