The Board remands the issues of increased ratings for multiple conditions to ensure initial AOJ consideration of newly developed evidence.
The deciding factor: Remand is necessary due to unaddressed new evidence and lack of a waiver from the Veteran, ensuring due process.
- Claimed conditions
- left shoulder impingement syndrome, status post-open reduction, internal fixation of the pelvis, to include low back pain and stiffness, residuals of right ankle fracture, to include early arthrosis with achilles tendonitis, left ankle achilles tendonitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2021
- Citation
- 21062726
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 compensation under 38 U.S.C. § 1151 and service connection for a left shoulder condition, as there was no evidence to support that his current disability was caused by VA treatment or related to his active military service.
- Partly granted
The Board granted an effective date of February 7, 2020, for the award of a 70 percent rating for unspecified depressive disorder and TDIU, but denied earlier effective dates for other conditions.
- Granted
The Veteran's service-connected headaches were granted a rating of 50 percent, and she was also granted TDIU, DEA, and SMC for the period from March 27, 2017, to August 20, 2017.
- Dismissed
The veteran's appeal for higher ratings for left shoulder impingement syndrome and left upper extremity paresthesia was dismissed due to a late filing.
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