The Board has remanded the claims for service connection due to inadequate examinations and failure to address all theories of entitlement.
The deciding factor: The VA examinations did not adequately address all theories of entitlement, including exposure to IED explosions and secondary service connection related to PTSD with alcohol disorder.
- Claimed conditions
- Low back pain with arthritis, Right knee chondromalacia patellofemoral (claimed as arthritis), Left knee chondromalacia patellofemoral (claimed as arthritis), Obstructive sleep apnea, Pitting edema of the right lower extremity (claimed as arthritis), Pitting edema of the left lower extremity (claimed as arthritis), Esophagitis and hiatal hernia with varices and GERD and aspiration pneumonia, TBI
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2020
- Citation
- 20081068
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 an acquired psychiatric disorder, chronic rhinitis, and obstructive sleep apnea. The headache claim was remanded for further examination.
- Partly granted
The appeal was denied for service connection of a cervical spine disorder, and several claims were remanded for further development.
- Granted
The Veteran is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
- Partly granted
The Board granted service connection for lumbar spine disability, as secondary to the Veteran's service-connected left foot crush injury, and sciatic radiculopathy of both lower extremities, also secondary to the newly service-connected lumbar spine disability. The Board denied an initial rating in excess of 70 percent for depressive disorder with unspecified anxiety disorder and a compensable rating for allergic rhinitis.
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