The Board has remanded several issues related to the Veteran's cervical spine, right hip, left hip and left knee disabilities for additional development. The Veteran is also entitled to a rating in excess of 20 percent for his left hip disability (limitation of abduction) from November 26, 2019.
The deciding factor: The Board has determined that the current VA examinations are inadequate due to lack of consideration of flare-ups and functional loss during use over time. Therefore, new VA examinations are necessary to determine the severity of the Veteran's disabilities.
- Claimed conditions
- right lower extremity peripheral neuropathy, cervical spine (neck) disability, right hip disability (claimed as osteoarthritis and pain in hips), left hip degenerative joint disease (limitation of abduction), left knee disability (associated with residual scar, right femur status post resection of osteoid osteoma)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2020
- Citation
- 20067018
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.
- Granted
The Board granted service connection for left and right lower extremity peripheral neuropathy, finding that the conditions are related to Agent Orange exposure during the Veteran's service in Vietnam.
- Partly granted
The appeal was granted for service connection for latent tuberculosis and dermatitis of the face, while other claims were denied.
- Denied
The Board denied service connection for segmental colitis associated with diverticulosis, small bowel obstruction, to include small bowel perforation, status post left hemicolectomy, Hartman's pouch and ileostomy (bowel condition), as well as right and left upper and lower extremity peripheral neuropathy.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral lower extremity peripheral neuropathy due to a finding that an adequate VA medical opinion was not obtained.
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