The Board has decided that the recoupment of separation pay through withholding of disability compensation payments is proper and remands for further development regarding the level of severity of the Veteran's cervical spine, left knee, and lumbar spine disabilities during his first period of service.
The deciding factor: The medical opinions provided are inadequate as they only consider evidence dated after 1995 and do not address the Veteran’s testimony about problems with his neck, left knee, and back during his first period of service due to overuse.
- Claimed conditions
- cervical spine, left knee, lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2019
- Citation
- 19186576
Veterans Law Judge
Decisions by this judge: 1,772 · Granted: 37% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19186576.
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 has determined that the Veteran's claims for service connection regarding his left knee, right knee condition, and coronary artery disease require further examination and medical opinion due to a lack of a VA examination in connection with these claims.
- Granted
The Veteran's left ankle disability is granted service connection, and he receives a 10% rating for his right and left knee disabilities based on limitation of motion. Separate 20% ratings are assigned for instability in both knees.
- Dismissed
The appeal for neck pain pinched nerve severe arthritis cervical spine is dismissed as a matter of law. Service connection and increased ratings are granted for major depression, mental disorder anxiety and PTSD, carpal tunnel syndrome (both wrists), and migraine including migraine variants.
- Dismissed
The Veteran's appeal for an evaluation in excess of 20 percent for her left knee disability has been dismissed due to her withdrawal of the appeal.
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