The Board has remanded the cases for additional development due to incomplete examinations and missing records. The Veteran's right foot disability, TMJ dysfunction, hypothyroidism, and TBI are all under review.
The deciding factor: The VA examination reports were inadequate as they did not address the impact of flare-ups on range of motion or symptoms associated with the service-connected conditions.
- Claimed conditions
- Right Foot Disability, TMJ Dysfunction, Hypothyroidism, TBI
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 30, 2020
- Citation
- 20081670
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.
- Partly granted
The appeal was denied for service connection of a cervical spine disorder, and several claims were remanded for further development.
- Denied
The Board denied service connection for various conditions, including GAD, MDD, PTSD, bilateral hearing loss, tinnitus, and foot disabilities. The claim for NSC pension benefits was dismissed as moot due to a higher disability rating.
- Denied
The Board denied the Veteran's appeal for a higher level of special monthly compensation (SMC) as he does not meet the criteria for an increased rate based on his service-connected disabilities.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) effective July 20, 2021, but denied an initial disability rating in excess of 50 percent for obstructive sleep apnea.
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