The Veteran's claim for service connection for a left leg disability, as well as his claims for increased ratings for degenerative changes of the lumbar spine and Type II diabetes mellitus with hypertension are being remanded for additional development.
The deciding factor: The decision is based on new evidence submitted by the Veteran that relates to an unestablished fact necessary to substantiate the claim for service connection for a left leg disability, specifically an injury during service in Vietnam. The claims for increased ratings of the lumbar spine and diabetes require further examination and medical opinion.
- Claimed conditions
- left leg disability, left knee strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2019
- Citation
- 19183436
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 service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Remanded (sent back)
The appeal is remanded to correct pre-decisional duty to assist errors, including the failure to obtain relevant treatment records and provide adequate VA examinations.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 10 percent for bilateral hip and knee disabilities, as well as a TDIU claim, to ensure adequate VA examinations are conducted.
- Partly granted
The Board granted service connection for left hip iliopsoas tendonitis, right knee strain, and left knee strain as secondary to lumbosacral strain. Service connection was also granted for cannabis use disorder as secondary to mental health conditions of PTSD, major depressive disorder with alcohol use disorder, and TBI. However, the Board denied an initial disability rating in excess of 70 percent for PTSD and granted a separate disability rating of 40 percent for TBI.
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