The Board has remanded the claims for service connection and increased ratings due to failure of the Veteran to appear at scheduled VA examinations. The claims will be returned for rescheduling of the examinations.
The deciding factor: The Veteran failed to appear at previously scheduled VA examinations, which were necessary to determine her service connection and increased rating claims.
- Claimed conditions
- right shoulder disability, sacroiliac joint injury with piriformis syndrome (back condition), right lower extremity radiculopathy of the sciatic nerve, major depressive disorder with anxious distress
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2020
- Citation
- 20000202
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.
- Partly granted
The Board granted service connection for tinnitus and a right hip disability, and granted a 30 percent rating for ureterolithiasis. The claim for an increased rating for PTSD was denied, while other claims were remanded.
- Partly granted
The Board dismissed the appeal for service connection for a mental health condition and denied service connection for an eye condition. The claims for autoimmune limbic encephalitis with non-paraneoplastic limbic encephalitis (NPLE) with GAD65 antibodies and dystonia and dystonic tremor were remanded.
- Partly granted
The Board denied service connection for various musculoskeletal conditions of the left and right hands, shoulders, elbows, wrists, knees, ankles, and foot, but granted service connection for a right knee disability and fibromyalgia. The decision was based on medical evidence that did not support a link between these conditions and the Veteran's military service.
- Denied
The Board denied the Veteran's appeal for an earlier effective date for service connection for right lower extremity radiculopathy of the sciatic nerve, as August 21, 2023, is the earliest possible effective date based on VA receiving the claim.
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