The Board has granted the Veteran's petition to reopen his previously denied claim for service connection for a neck disability. The issues of entitlement to higher ratings for degenerative disc disease of the thoracolumbar spine, and service connection for left shoulder, right shoulder, left hip, right hip, left leg or knee, and right leg or knee disabilities are remanded.
The deciding factor: The Board found that new evidence had been submitted which relates to an unestablished fact necessary to substantiate the claim of service connection for a neck disability. The issues of higher ratings for thoracolumbar spine disability and service connection for other disabilities were not addressed due to lack of medical opinion regarding their onset or relationship to service.
- Claimed conditions
- neck disability, left shoulder disability, right shoulder disability, left hip disability, right hip disability, left leg or knee disability, right leg or knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2020
- Citation
- 20074646
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 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).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Partly granted
The Board granted service connection for right knee, right hip, and lumbar spine disabilities as secondary to the Veteran's service-connected left knee disability but denied a rating in excess of 30 percent for his left knee disability prior to April 25, 2019.
- Partly granted
The Board granted service connection for tinnitus and a right hip disability, and granted a 30 percent rating for ureterolithiasis. The claim for an increased rating for PTSD was denied, while other claims were remanded.
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