The Board has remanded the claims for further evaluation of the Veteran's cervical spine, lumbar spine, right knee, left knee, and TMJ disabilities due to scheduling errors in VA examinations.
The deciding factor: The scheduling errors led to significant increases in ratings and separate ratings for associated neurological abnormalities, necessitating additional retrospective evaluations.
- Claimed conditions
- cervical spine degenerative disc disease, lumbar spine degenerative disc disease, right knee osteoarthritis, left knee osteoarthritis, temporomandibular joint dysfunction (TMJ)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 17, 2020
- Citation
- 20079807
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 20079807.
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 the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Denied
The Board denied the veteran's claims for increased ratings for right knee degenerative joint disease and left knee osteoarthritis, as he failed to appear for a scheduled VA examination without good cause.
- Partly granted
The Board denied a compensable evaluation for hypertension and granted an increased rating of 20 percent for lumbar spine degenerative disc disease from April 13, 2022. The effective date for the right lower extremity radiculopathy was also granted as May 10, 2016.
- Remanded (sent back)
The Board remands the claims for a higher rating in excess of the current ratings for various musculoskeletal conditions.
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