The Board has restored the 10 percent evaluation for a service-connected facial disability, effective March 20, 2002. However, the matter of restoring a rating in excess of 10 percent for muscle weakness is remanded.
The deciding factor: The Court reversed the Board's decision regarding the restoration of the 10 percent evaluation and remanded the matter to reinstate it effective March 20, 2002. The Veteran was also granted a new VA examination to determine the severity of his muscle weakness.
- Claimed conditions
- shell fragment wound (SFW) of the right side of the neck with incomplete paralysis of the facial nerve, slight muscle weakness and scars, muscle weakness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 30, 2020
- Citation
- 20044125
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 20044125.
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.
- Remanded (sent back)
The Board has determined that the Veteran's appeal is remanded due to new evidence submitted after the initial decision, which includes private dermatologist treatment records diagnosing lymphedema. The VA examiner's opinion prior to this submission was deemed inadequate.
- Remanded (sent back)
The Board remands all service connection claims for additional development, including obtaining a TERA memorandum and new medical opinions.
- Denied
The Board denied service connection for muscle weakness, anoxic brain injury, heart failure, and dysphagia as secondary to respiratory failure with hypoxia, and denied special monthly compensation based on the need for aid and attendance or housebound status.
- Denied
The Board denied the Veteran's claim for service connection for muscle weakness as it was not shown to be secondary to a service-connected disability.
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