The Board has remanded the Veteran's claims for a compensable rating for her service-connected surgical scar of the axillary area of the right breast and for a rating in excess of 10 percent for her service-connected status-post gallbladder surgery with gastritis and IBS due to lack of recent VA examinations. The Veteran's representative requested a new examination for both issues, and the RO should obtain updated VA treatment records and private treatment records as well as request any outstanding relevant private treatment records.
The deciding factor: The last VA examinations were conducted three years ago, which is insufficient time given the Veteran’s claims for increased ratings. Therefore, a new VA examination is needed to assess the current severity of her service-connected disabilities.
- Claimed conditions
- surgical scar of the axillary area of the right breast, status-post gallbladder surgery with gastritis and IBS
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 2, 2019
- Citation
- 19150919
Veterans Law Judge
Decisions by this judge: 2,977 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19150919.
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.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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