The Board has decided to remand the claims for further development due to the Veteran's failure to appear for an examination, and to obtain a medical opinion regarding the etiology of his claimed disabilities.
The deciding factor: The Veteran failed to cooperate with VA examinations, leading to the need for additional development including obtaining a medical opinion on the etiology of the claimed disabilities.
- Claimed conditions
- Right Hip Degenerative Joint Disease (DJD), Right Knee DJD, Right Lower Extremity Radiculopathy, Right Foot Manifested by Pain
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2020
- Citation
- 20071605
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.
- Partly granted
The Board denied increased ratings for the Veteran's service-connected bilateral hearing loss, right lower extremity radiculopathy, and facial scars, status post excision of cyst of left and right jaw. However, it granted an initial 40% rating for right lower extremity radiculopathy from June 3, 2024.
- Denied
The appeal regarding the propriety of the award of attorney fees to H.B. was denied, while the issue of reasonableness of the fee award is being remanded for further review.
- Partly granted
The Board granted restoration of the 40 percent rating for the lumbar spine disability, effective November 1, 2023, and denied a higher rating. The claims for increased ratings for radiculopathy and TDIU were remanded.
- Denied
The Board denied service connection for acquired mood disorder, bilateral hearing loss, and increased ratings for spine disability and right lower extremity radiculopathy. The claims for an acquired psychiatric disability, ED, and bilateral knee pain were remanded.
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