The Veteran's claims for increased ratings and service connection are being remanded due to the failure to provide adequate VA examinations. The TDIU claim is also being remanded as it is inextricably intertwined with the other claims.
The deciding factor: The Board found that proper notice of the scheduled VA examinations was not provided, which constitutes a procedural error and requires remand for completion of development.
- Claimed conditions
- post arthrodesis of the right ankle with associated severe pantalar osteoarthritis, low back disability, left hip disability, left leg disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2020
- Citation
- 20064317
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 claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Denied
The Board denied service connection for the veteran's claimed conditions, including right shoulder arthritis, left shoulder arthritis, right hip condition, left hip condition, low back disability, and bilateral lower extremity radiculopathy, as there was no evidence of in-service injury or illness related to these conditions.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for a low back disability to correct a pre-decisional duty to assist error.
- Dismissed
The appeal regarding the proposed reduction of the Veteran's disability rating for radiculopathy of the left lower extremity was dismissed as it was not a final decision. The Board also remanded the claim for service connection for a left hip disability due to an inadequate VA examination.
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