The Board has remanded the Veteran's claims for increased ratings and TDIU due to inadequate examinations in previous decisions. The Veteran is required to undergo new VA examinations for his cervical spine, right knee, right shoulder, left elbow, TBI, seizures, and migraines.
The deciding factor: Previous examinations were deemed inadequate by the Court, requiring further evaluations to determine current disability levels.
- Claimed conditions
- lumbar spondylosis, right knee degenerative arthritis, cervical spine spondylosis, residuals of a right shoulder dislocation, left arm tennis elbow, traumatic brain injury (TBI), seizure disorder with memory loss, migraines
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2020
- Citation
- 20007870
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.
- Granted
The Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Dismissed
The veteran's appeal requests for service connection and increased ratings were denied due to untimeliness, as the appeals were not filed within one year of the respective rating decisions.
- Denied
The Board denied the Veteran's appeal for an initial rating in excess of 30 percent for migraines, finding that his symptoms more closely approximate a 30 percent disability rating.
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