The Veteran's claims for earlier effective dates for increased evaluations of his TBI, spine disorder, right hip strain (limitation of extension), and right hip strain (impairment of the thigh) are denied as it was not factually ascertainable that an increase in these conditions occurred one year prior to June 20, 2018.,The Veteran's claim for restoration of separate service connection award for benign paroxysmal positional vertigo is granted.
The deciding factor: There is no evidence showing that the Veteran’s TBI, spine disorder, or right hip disorders had increased in severity until after June 20, 2018. The claims were not received prior to June 20, 2018 and it was not factually ascertainable that an increase occurred one year prior.
- Claimed conditions
- Degenerative Joint Disease of the Thoracolumbar Spine (Spine Disorder), Right Hip Strain, Tension Headaches associated with Traumatic Brain Injury Residuals (TBI), Benign Paroxysmal Positional Vertigo
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 3, 2020
- Citation
- 20070816
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20070816.
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 has decided to remand the case due to an inadequate VA examination regarding the Veteran's right hip strain.
- Remanded (sent back)
The Board has remanded the claims for service connection for bilateral hip strain, as secondary to service-connected lumbar spine and right ankle conditions. A new VA medical examination is needed to determine if the Veteran's hip strains are related to her service-connected disabilities.
- Granted
The Veteran is granted a rating of 10 percent for each hip strain, impairment of thigh motion.,Compensable ratings are denied for left and right hip strains, limitation of flexion.
- Remanded (sent back)
The Board has dismissed the request to appeal the proposal to sever service connection for right knee strain. The claims of entitlement to service connection for right ankle strain and right hip strain are remanded.
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