The Veteran's claims of entitlement to service connection for a bilateral foot disability and prostate disability were remanded. The Board finds that the earliest possible effective date for the award of service connection for hypertension is August 1, 2017—the date of his claim.,The Veteran’s claims of entitlement to service connection for a bilateral foot disability and prostate disability should be remanded to afford the Veteran VA examinations.,The Veteran's claim of entitlement to service connection for hypertension was remanded. The Board finds that remand is warranted to obtain outstanding records and address the absence of evidence in the Veteran’s STRs.,The Veteran’s claim of entitlement to service connection for restless leg syndrome was remanded. Remand is warranted to afford the Veteran a new VA examination.,The Veteran's claim of entitlement to a rating in excess of 70 percent for PTSD was remanded. The Board finds that remand is warranted to obtain an addendum opinion concerning the etiology of the Veteran’s PTSD.,The Veteran's claim of entitlement to a compensable disability rating for cataracts status post lens implants and dry eye syndrome was remanded. Remand is warranted to afford the Veteran a new VA examination.
The deciding factor: The effective date for an award based on an original claim, a claim reopened after final adjudication, or a claim for increase shall be fixed in accordance with the facts found, but not earlier than the date of receipt of application therefor.,VA treatment records show the Veteran has been diagnosed with an enlarged prostate. The Veteran complained of pain in the bottoms of his feet during his Peripheral Nerves Conditions VA examination and had burning and cramping in his feet. Further, private treatment records show the Veteran was diagnosed with plantar fasciitis in 2005.,The absence of evidence in the Veteran’s STRs is not fatal to a service connection claim; however, the negative nexus opinion based solely on the absence of hypertension in the Veteran's STRs is inadequate for rating purposes. Remand is warranted to obtain an addendum opinion concerning the etiology of the Veteran’s hypertension.,The Board finds that remand is warranted to afford the Veteran a new VA examination as the examiner did not provide a nexus opinion concerning the etiology of the Veteran’s restless leg syndrome.,Remand is warranted to obtain an addendum opinion concerning the etiology of the Veteran’s PTSD. The October 2017 examiner's determination was merely conclusory and thus inadequate for rating purposes.,Remand is warranted to afford the Veteran a new VA examination as the September 2017 VA examiner did not identify the pathological process responsible for any visual impairment.
- Claimed conditions
- cataracts status post lens implants, dry eye syndrome, bilateral foot disability, prostate disability, hypertension, restless leg syndrome, posttraumatic stress disorder (PTSD), coronary artery disease, diabetes mellitus type II with cataracts status post lens implants, peripheral neuropathy, left lower extremity, peripheral neuropathy, right lower extremity, erectile dysfunction associated with diabetes mellitus type II with cataracts status post lens implants, cataracts status post lens implants and dry eye syndrome associated with diabetes mellitus type II
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 3, 2019
- Citation
- 19176270
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 Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.