The Veteran's claim for a temporary total evaluation due to service-connected convalescence is denied.,Effective dates prior to January 27, 2015, are not granted for PTSD and tinnitus service connection claims.,An effective date prior to January 27, 2015, is not granted for the assignment of a 40% rating for prostate cancer.,Claims for peripheral neuropathy of the left lower extremity, right lower extremity, left upper extremity, and right upper extremity are remanded.,Residuals of malaria service connection claim is remanded.,Tinnitus evaluation in excess of 10% is remanded.,IHD evaluation in excess of 60% is remanded.,PTSD evaluation in excess of 30% prior to January 31, 2018 and in excess of 70% thereafter is remanded.,Prostate cancer evaluation in excess of 40% is remanded.,Erectile dysfunction compensable rating is remanded.,TDIU due to service-connected disabilities is remanded.
The deciding factor: The Veteran's treatment for the March and April 2014 cardiac catheterization with stent placements did not necessitate at least one month of convalescence, severe postoperative residuals, or immobilization of any joint.,No communication requesting a determination of entitlement to service connection for PTSD or tinnitus prior to January 27, 2015 was found in the record.,The Veteran's prostate cancer claim resulted from an October 2011 informal claim and received an effective date of February 1, 2012. No increase in evaluation within one year prior to the current application for a higher evaluation is factually ascertainable.,No new and material evidence was provided for peripheral neuropathy claims.,Residuals of malaria service connection claim requires additional private treatment records from Dr. E.G., Stern cardiology, and Southaven Medical Center.,Tinnitus evaluation in excess of 10% requires updated VA treatment records and possibly a VA examination.,IHD evaluation in excess of 60% requires updated VA treatment records and possibly a VA examination.,PTSD evaluation in excess of 30% prior to January 31, 2018 and in excess of 70% thereafter requires updated VA treatment records and possibly a VA examination.,Prostate cancer evaluation in excess of 40% requires updated VA treatment records and possibly a VA examination.,Erectile dysfunction compensable rating requires updated VA treatment records and possibly a VA examination.,TDIU due to service-connected disabilities requires updated VA treatment records, possibly a VA examination, and additional private treatment records from Dr. E.G., Stern cardiology, and Southaven Medical Center.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Tinnitus, Peripheral neuropathy of the left lower extremity, Peripheral neuropathy of the right lower extremity, Peripheral neuropathy of the left upper extremity, Peripheral neuropathy of the right upper extremity, Residuals of malaria, Ischemic heart disease (IHD), Prostate cancer
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2020
- Citation
- 20064251
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 remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted an effective date of February 21, 2007, for the award of service connection for PTSD and major depressive disorder with anxious distress.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Board granted a disability rating of 70 percent for PTSD and a total disability rating due to individual unemployability (TDIU) based on the Veteran's service-connected disabilities.
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