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
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 service connection for multiple conditions, including cervical spine, chronic fatigue, and various nerve damages, as the evidence did not support a finding of a current disability related to in-service events.
- Granted
The Veteran's service-connected left knee and right shoulder disabilities, along with compensation benefits awarded under 38 USC § 1151 for a right bicep detachment during shoulder surgery, prevented him from securing or following substantially gainful employment from December 22, 2011 to December 11, 2016.
- Dismissed
The Board dismissed the claims for earlier effective dates and higher ratings for various conditions, including left eye condition, right eye condition, hypertension, left knee, right knee, obstructive sleep apnea, and coronary artery disease (CAD), as well as denied an earlier effective date for CAD.
- Granted
The veteran was granted a total disability rating based on individual unemployability due to his service-connected disabilities.
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