The Veteran's claims for higher ratings and earlier effective dates are being remanded due to the need for additional development, including obtaining updated VA treatment records. The issues of entitlement to a disability rating in excess of 70 percent for PTSD, and earlier effective dates for PN of the bilateral lower extremities involving both the sciatic and femoral nerves, as well as other claims, are being remanded.
The deciding factor: The Veteran submitted service connection claims for headaches and bilateral tinnitus, and a petition to reopen a claim for service connection for hypertension in September 2012. These issues were not addressed by the RO as the Veteran cannot bring a freestanding claim for an earlier effective date. The AOJ has yet to issue an SOC subsequent to the NOD for these issues.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Peripheral Neuropathy (PN) of the right lower extremity (RLE) involving the sciatic nerve, Peripheral Neuropathy (PN) of the left lower extremity (LLE) involving the sciatic nerve, Peripheral Neuropathy (PN) of the RLE involving the femoral nerve, Peripheral Neuropathy (PN) of the LLE involving the femoral nerve, Diabetes Mellitus type II with erectile dysfunction (DM)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2019
- Citation
- 19184522
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.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted an effective date of February 21, 2007, for the award of service connection for PTSD and major depressive disorder with anxious distress.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Board granted a disability rating of 70 percent for PTSD and a total disability rating due to individual unemployability (TDIU) based on the Veteran's service-connected disabilities.
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