The Board has dismissed the Veteran's appeal regarding an earlier effective date for his right hip disability rating. The claims of service connection for hypertension, heart disability, sleep apnea, acquired psychiatric disorder, and acid reflux have been reopened due to new evidence received since previous decisions.
The deciding factor: New evidence was submitted that raises a reasonable possibility of substantiating the Veteran's claims for service connection on the merits.
- Claimed conditions
- Right Total Hip Replacement with Scar (Right Hip Disability), Heart Disability, Acquired Psychiatric Disorder including Bipolar Disorder and Depression, Respiratory Disorder including Chronic Obstructive Pulmonary Disease (COPD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2020
- Citation
- 20034960
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20034960.
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 Veteran's heart disability has been rated at 100% from September 12, 2022 to August 18, 2023. He is also eligible for special monthly compensation and Dependents' Educational Assistance during this period.
- Denied
The Veteran's heart disability is currently rated at 60 percent from February 24, 2023.,The effective date for the grant of TDIU was set to February 24, 2023.
- Denied
The Veteran's claim for an earlier effective date for service connection of peripheral neuropathy of the left upper extremity is denied as there was no prior formal or informal claim submitted before July 2, 2016.
- Remanded (sent back)
The Veteran's appeal is remanded due to a duty to assist error that occurred prior to the rating decision on appeal. The Board requests retrospective findings from an appropriate clinician to determine the severity of the Veteran's service-connected heart disability.
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