The Veteran's appeal is remanded for further development and consideration of his claims, including the service connection for various disabilities.
The deciding factor: The RO failed to consider new relevant service treatment and military personnel records that were associated with the claims file after the June 2013 rating decision, which rendered moot the issue of the timeliness of the NOD received July 7, 2015. Additionally, further medical opinions are needed for the colon polyps and cervical spine disability.
- Claimed conditions
- Back and Left Ankle Disabilities, Back Strain (Spondylolisthesis), Cervical Spine Disability, Colon Polyps, Diabetes Mellitus, Eczema, Fatigue, Functional Disorder, Gastroesophageal Reflux Disease (GERD), Left Ankle Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 8, 2019
- Citation
- 19161307
Veterans Law Judge
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 19161307.
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.
- Granted
The Veteran's acquired psychiatric disorder is granted a 70% rating, effective July 15, 2024. The Veteran's GERD remains at a 10% rating.
- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Granted
The Veteran's appeal was granted for various disabilities, including service connection for depressive disorder and increased evaluations for diabetic peripheral neuropathy affecting multiple nerve groups. A SMC based on need for aid and attendance was also awarded.
- Granted
The Veteran's PTSD is granted at a 70 percent rating prior to July 29, 2024. The GERD rating remains at 30 percent disabled but no higher.
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