The Board has remanded the Veteran's claims of service connection for various musculoskeletal disorders, including cervical and lumbar spine disorders, bilateral ankle, hip, knee, shoulder, and wrist disorders. The VA examinations are needed to address continuity of symptomatology since service.
The deciding factor: The VA examiner failed to adequately consider the Veteran’s lay statements regarding continuity of symptomatology since separation from service.
- Claimed conditions
- Cervical spine disorder, Lumbar spine disorder, Left ankle disorder, Right ankle disorder, Left hip disorder, Right hip disorder, Left knee disorder, Right knee disorder, Left shoulder disorder, Right shoulder disorder, Left wrist disorder, Right wrist disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2019
- Citation
- 19181743
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 annual clothing allowances for a left knee sleeve, A&D ointment, hydrocortisone cream, and incontinence briefs due to lack of service connection or evidence that these items cause irreparable damage to outer garments.
- Partly granted
The Board granted a 20 percent rating for the Veteran's left knee strain, service connection for right ear hearing loss, and service connection for a right ankle disorder. Other claims were denied or remanded.
- Granted
The Board granted initial ratings of 40 percent for lumbar spine disorder, 70 percent for major depressive disorder, and 40 percent for left lower extremity radiculopathy. TDIU and SMC based on housebound status were also granted.
- Partly granted
The Board denied an increased rating for allergic rhinitis and remanded the claims for cervical spine, hip, thigh, and hip extension disorders for further development.
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.