The Board has remanded the Veteran's claims for compensation under 38 U.S.C. § 1151 and service connection due to procedural errors in initiating the appeals.
The deciding factor: The Board found that the Veteran used the wrong VA form to initiate her appeals, which resulted in jurisdictional defects.
- Claimed conditions
- broken screw in the neck, residuals from surgery for implant of neurostimulator, right iliac crest bone graft
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 12, 2022
- Citation
- 22028294
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 22028294.
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.
- Remanded (sent back)
The Veteran's TDIU claim is remanded as the Board finds that there may be pathology beyond what is contemplated by the schedular criteria and which may interfere with his employment opportunities.
- Dismissed
The Board has dismissed the appeals for compensation under 38 U.S.C. § 1151, service connection for residuals from surgery for implant of neurostimulator installed for chronic pain following cervical spine surgeries, right iliac crest bone graft associated with cervical spine surgery, migraine headaches, and hypertension due to lack of jurisdiction.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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