The Board has decided that the Veteran's claims for service connection and higher initial ratings are remanded due to new VA treatment records, a lack of response from the Veteran regarding increased severity of his disabilities, and the need for additional examinations.
The deciding factor: The appeal is being returned to the AOJ for consideration of new evidence and scheduling of appropriate examinations based on the Veteran's responses.
- Claimed conditions
- diverticulitis, multiple pulmonary nodules, adjustment disorder with anxiety, degenerative joint disease of the cervical spine, degenerative joint disease of the lumbar spine, radiculopathy of the right lower extremity, right knee disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2020
- Citation
- 20007721
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 tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Partly granted
The Board granted service connection for right knee, right hip, and lumbar spine disabilities as secondary to the Veteran's service-connected left knee disability but denied a rating in excess of 30 percent for his left knee disability prior to April 25, 2019.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.