The Veteran's claims for increased ratings are being remanded due to the need for additional VA examinations and the provision of outstanding private treatment records.
The deciding factor: The Board finds that new VA examinations should be obtained on remand as the previous examination reports did not substantially comply with the April 2018 remand directives and internal inconsistencies were noted in the reports for the bilateral knees and low back.
- Claimed conditions
- allergic rhinitis, sinusitis, bilateral pes planus, left intermittent meralgia paresthetica, right foot peroneal tendonitis (rated as right ankle peroneal tendonitis since October 8, 2019), right hip disability, low back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2020
- Citation
- 20072017
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 increased ratings for the Veteran's lumbar spine pain, allergic rhinitis, and recurrent yeast infections. The claims for service connection for generalized anxiety disorder with alcohol use disorder and left knee pain were remanded.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
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