The Veteran's claims for higher ratings, reopening of service connection claims, and effective date issues are being remanded due to the submission of new evidence that has not been reviewed by the AOJ.
The deciding factor: New evidence was submitted since the last decision but has not been considered by the AOJ.
- Claimed conditions
- herniated nucleus pulposis at C6-7 with radiculopathy of upper left extremity, scar, status left sided C6-C7 post laminectomies
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2020
- Citation
- 20068879
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 the cause of the Veteran's death, considering that his service-connected orthopedic disabilities and major depressive disorder contributed substantially to his death.
- Dismissed
The Veteran withdrew his appeal for initial increased ratings for thoracolumbar spine arthritis, cervical spine arthritis, bilateral lower extremity femoral radiculopathy, and a scar.
- Remanded (sent back)
The Board remands the matters of an initial compensable rating for hemorrhoid and service connection for a scar, to include as secondary to the Veteran's service-connected hemorrhoid disability due to inadequate VA examination and missing medical records.
- Partly granted
The Veteran's claims for service connection for a gastrointestinal disorder and heart condition were dismissed because they were granted benefits. A 10 percent rating was granted for the scar.
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