The Board has remanded the case for additional development, including obtaining a retrospective opinion from the VA clinician who conducted the June 2020 examination of the Veteran's right hip disabilities regarding the severity of his conditions as documented in the February 2016 and January 2018 VA examinations.
The deciding factor: The Board found there was not substantial compliance with the Remand directives due to the lack of a retrospective opinion addressing the additional loss of range of motion present during the Veteran's reported flare-ups at the time of the VA examinations conducted in February 2016 and January 2018.
- Claimed conditions
- Right Hip Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2020
- Citation
- 20066139
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.
- Denied
The Board denied service connection for an acquired psychiatric disorder, right hip disability, left hip disability, lumbar strain and sacroiliac joint pain with left lower extremity radiation, and right great toe ingrown toenail and onychomycosis as the evidence did not show a causal relationship between these conditions and the Veteran's military service.
- Partly granted
The Board granted service connection for several disabilities, including left thumb, left wrist, right hip, back, and sciatic nerve conditions, but denied service connection for diabetes mellitus.
- Partly granted
The Board denied an initial increased disability rating in excess of 30 percent for major depressive disorder and remanded claims for service connection for right ankle, hip, and knee disabilities as well as a higher initial disability rating for migraines.
- Denied
The Board denied initial disability ratings in excess of 70 percent for PTSD, 10 percent for bilateral hearing loss, and 30 percent for COPD with asthma. The claims for service connection for various disabilities were remanded.
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