The Board has found that the VA Medical Center (VAMC) did not substantially comply with a February 2019 remand instructions, and thus the case is being remanded for further action including obtaining an opinion from Dr. T.H.Y regarding whether the Veteran's disabilities demonstrate a clear functional need for a powered mobility device.
The deciding factor: The VAMC has not obtained a medical opinion from Dr. T.H.Y as instructed in the February 2019 remand, and thus further action is needed to comply with the Board’s instructions.
- Claimed conditions
- unspecified
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2019
- Citation
- 19181748
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 Veteran's TDIU claim is denied as he is currently employed on a full-time basis and the evidence does not show that his service-connected disabilities render him incapable of obtaining or maintaining substantially gainful employment.
- Remanded (sent back)
The Board found that the Veteran's service-connected disabilities raised a question of whether he could secure or follow substantially gainful employment. The case is being remanded to request the Veteran submit his work history and educational background.
- Denied
The Board denied the Veteran's claim for a total disability rating based upon unemployability (TDIU) as there is no evidence showing he is unemployed or marginally employed due to service-connected disabilities.
- Remanded (sent back)
The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities because it is inextricably intertwined with the issue of reopening service connection for a low back disability, which was previously remanded. The TDIU claim will be reconsidered after the low back disability claim has been adjudicated.
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