The Board has denied increased ratings for chronic cervical strain and chronic lumbar strain on an extraschedular basis only. The claims for benefits under the provisions of 38 U.S.C. § 1151 for a right ankle disability and TDIU are remanded.
The deciding factor: The Veteran's service-connected conditions do not present such as exceptional or unusual disability picture with related factors as marked interference with employment or frequent periods of hospitalization that render impractical the application of the regular schedular standards.
- Claimed conditions
- chronic cervical strain, chronic lumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 18, 2019
- Citation
- 19147603
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 issue of entitlement to an increased disability rating in excess of 10 percent for service-connected chronic cervical strain due to a lack of adequate VA examination.
- Granted
The Board granted earlier effective dates for the assignment of ratings and service connection based on an intent to file a claim submitted by the Veteran prior to his formal claim.
- Partly granted
The Board granted a 40 percent rating for chronic lumbar strain, restored the 10 percent rating for right knee patellofemoral syndrome effective February 11, 2023, and granted separate 10 percent ratings for instability of the right knee. The decision also granted a 70 percent rating for PTSD from June 8, 2021, and TDIU based on PTSD alone from August 21, 2021, along with SMC under 38 U.S.C. § 1114(s) based on housebound status from the same date.
- Denied
The Board denied the veteran's claims for increased ratings and remanded a claim for service connection for sleep apnea.
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