The Board remands the claims for service connection, increased ratings, and TDIU due to a lack of compliance with previous remand directives.
The deciding factor: The September 2020 VA examination opinions were found inadequate as they did not address all required elements or provide sufficient rationale.
- Claimed conditions
- gastrointestinal condition, obesity
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2021
- Citation
- 21062573
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.
- Dismissed
The veteran withdrew his appeals for service connection for obesity, obstructive sleep apnea, and hypertension.
- Partly granted
The Board granted a restoration of the separate 10 percent rating for vertigo, an earlier effective date for service connection for vertigo and migraines, and a 30 percent rating for hypothyroidism with heart murmur. The decision also denied an earlier effective date for hypertension and remanded claims for obesity, obstructive sleep apnea, and individual unemployability.
- Partly granted
The Board granted service connection for several conditions, including OSA, cervical spine condition, left shoulder condition, right shoulder condition, and others, but dismissed appeals for obesity, TMJ, insomnia, left elbow, and right elbow. The Board also denied an earlier effective date for a 70% rating for acquired psychiatric disorder.
- Denied
The Board denied service connection for multiple conditions, including gastrointestinal, headache, foot, elbow, and hand conditions, as the evidence did not support a current diagnosis or symptoms related to these conditions during the pendency of the claims.
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