The Board has dismissed the appeal for a higher rating for low back strain. The claim of service connection for right shoulder disability, sleep apnea, and erectile dysfunction secondary to PTSD is remanded due to new evidence received since the April 2009 denial.
The deciding factor: New evidence received since the April 2009 denial includes VA treatment records, private medical records, and a transcript from the Veteran's October 2017 Board hearing. This evidence raises a reasonable possibility of substantiating the claims for service connection.
- Claimed conditions
- Low back strain, Right shoulder disability, Chronic Fatigue Syndrome (CFS), Sleep Apnea, Erectile Dysfunction
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 20, 2019
- Citation
- 19173608
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 19173608.
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 denied a compensable rating for erectile dysfunction and a higher rating for left upper extremity peripheral neuropathy with muscle weakness, but granted an earlier effective date for the 60 percent disability rating for thrombosis, TIA or cerebral infarction with impairment of sphincter control and voiding dysfunction, and for service connection for pharynx and/or larynx and/or swallowing conditions residuals.
- Denied
The Board denied the Veteran's appeal for increased ratings for right and left shoulder disabilities, as the evidence did not support a higher rating under applicable criteria.
- Partly granted
The Board granted a 70 percent disability rating for PTSD with MDD, service connection for erectile dysfunction as secondary to the service-connected condition, and SMC based on the need for regular aid and attendance. However, it denied SMC based on housebound status.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
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