The Veteran's claims for increased ratings for service-connected degenerative changes of the lumbosacral spine with stenosis and right myelopathy, and major depressive disorder (MDD) are being remanded due to incomplete procedures. The claim for special monthly compensation based on need for regular aid and attendance or housebound status is also being remanded as it is inextricably intertwined with the increased rating claims.
The deciding factor: Incomplete procedural steps have been identified, necessitating further action by the RO.
- Claimed conditions
- Degenerative changes of the lumbosacral spine with stenosis and right myelopathy, Major depressive disorder (MDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 19, 2019
- Citation
- 19147873
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 Board granted service connection for bilateral hearing loss and tinnitus, effective August 28, 2018, due to clear and unmistakable error in the October 2018 rating decision. Service connection was also granted for major depressive disorder (MDD) as secondary to the Veteran's service-connected bilateral hearing loss and tinnitus.
- Denied
The Board denied increased ratings for bilateral hearing loss, horizontal surgical scars of the anterior neck, and major depressive disorder (MDD), but granted an extraschedular total disability rating based on individual unemployability as of November 12, 2015.
- Denied
The Board denied the motion to revise or reverse on the basis of clear and unmistakable error (CUE) a September 13, 2023 rating decision that granted service connection for PTSD, MDD, and insomnia disorder effective from March 1, 2021.
- Remanded (sent back)
The Board remanded several claims for further development and readjudication, including service connection for OSA and hypertension, as well as increased ratings for right wrist sprain, MDD, tension headaches, and other musculoskeletal conditions.
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