The Board has determined that the remand directives were not substantially complied with and thus, the case is being returned to VA for further action. Specifically, a VA examination is needed to determine which muscle group(s) are affected by the Veteran's gunshot wound and assess the severity of the injury in accordance with VA regulations.
The deciding factor: The Board found that there was confusion regarding which muscle groups were involved in the Veteran's gunshot wound and thus, further medical evaluation is required to clarify this issue.
- Claimed conditions
- Muscle injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2020
- Citation
- 20074298
Veterans Law Judge
Decisions by this judge: 2,456 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 20074298.
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 Veteran's acquired psychiatric disorder, muscle injury, left and right knee conditions are all granted service connection. The Veteran's PTSD is related to his in-service work as a mortuary affairs specialist. His muscle injury is related to the run during an Army Physical Fitness Test. However, his left and right knee conditions do not have sufficient evidence linking them to service.
- Denied
The Veteran's muscle injury and neuralgia of the thorax have not been found to meet or approximate criteria for a disability rating in excess of 10 percent. The Board also denied referral for TDIU due to lack of evidence showing that his service-connected disabilities preclude him from obtaining and maintaining gainful employment.
- Granted
The Veteran's residuals of abdominal GSW have been granted a 30 percent disability rating, effective February 25, 2015. The deep nonlinear scar and painful linear scars associated with the condition are not rated higher.
- Remanded (sent back)
The Veteran is seeking payment or reimbursement for unauthorized medical services provided at Maine Medical Center from May 4, 2007 to May 10, 2007. The VA denied the claim due to the Veteran refusing transfer to a VA facility and because VA regulations precluded payment for treatment procured through private sources in preference to available Government facilities.
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