The Board has remanded the claims for increased ratings for various shell fragment wound residuals due to inconsistencies in effective dates and proper consideration of schedular criteria.
The deciding factor: Due process requires that the AOJ clarify the effective date of the rating decision and readjudicate the claims on a regular schedular basis.
- Claimed conditions
- left leg shell fragment wound residuals, left thigh shell fragment wound residuals, right thigh, right knee and right calf shell fragment wound residuals, left lung shell fragment wound residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 26, 2020
- Citation
- 20056425
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 20056425.
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 Veteran's service-connected disabilities prevent him from obtaining and retaining substantially gainful employment. The hypertension claim is remanded for a medical opinion.
- Granted
The veteran's service-connected disabilities require the daily personal health care services of a skilled provider without which he would need institutional care, meeting the criteria for special monthly compensation based on the need for regular aid and attendance.
- Granted
The Board granted a separate 10 percent evaluation for right thigh shell fragment wound neurological residuals and assigned noncompensable evaluations for left thigh and left calf shell fragment wound residuals.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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