The Board has decided to remand the case due to inadequate secondary service connection opinions and a need for new etiology opinions regarding the Veteran's left leg disability.
The deciding factor: The Board found that the current opinions do not comply with the holding in Ward v. Wilkie, which requires consideration of incremental increases in disability due to service-connected conditions.
- Claimed conditions
- left leg disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2020
- Citation
- 20007969
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.
- Dismissed
The claims for service connection for a left leg disability and low back disability have been withdrawn by the Appellant.
- Dismissed
The appeal concerning the issues of service connection for back conditions, left leg disability, right leg disability, and seizures is dismissed due to the Veteran's death.
- Remanded (sent back)
The Board remands the claims for service connection due to a procedural error in failing to provide the Veteran with notice of her right to a pre-decisional hearing.
- Partly granted
The Board granted a 30 percent rating for right hand strain status-post fracture of the third metacarpal and denied service connection for various other conditions including a right ankle condition, foot disability (torn Achilles tendon), acquired psychiatric disability, ear condition, head injury, left leg disability, and low back disability.
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