The Veteran's appeal is being remanded due to procedural issues, specifically the use of an improper form for filing a notice of disagreement. The AOJ will issue a statement of the case (SOC) addressing his claims for service connection for mental health disorder other than insomnia disorder, initial evaluation in excess of 10 percent for degenerative arthritis of the lumbar spine, and initial compensable evaluation for ingrown toenail.
The deciding factor: The appeal was not timely filed under the modernized review system due to procedural issues with the form used for filing a notice of disagreement.
- Claimed conditions
- mental health disorder other than insomnia disorder, degenerative arthritis of the lumbar spine, to include a lumbosacral strain, ingrown toenail
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 23, 2022
- Citation
- 22036288
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 22036288.
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 Board has denied service connection for fungal nail infection and remanded the issue of secondary service connection for ingrown toenail as related to bilateral flat feet (pes planus).
- Remanded (sent back)
The Board remands the issues of whether there was clear and unmistakable error (CUE) in prior rating decisions that denied service connection for various conditions, as an SOC has not yet been issued.
- Dismissed
The Board dismissed the appeal for service connection for ingrown toenail and tinea pedis and onychomycosis (foot fungus) as the AOJ granted these claims in a subsequent rating decision, rendering the appeal moot.
- Remanded (sent back)
The Board remanded the veteran's claims for service connection for gallbladder removal, ingrown toenail, left knee pain, right knee pain, plantar fasciitis, and right shoulder dislocation. The Board found that the AOJ did not adequately consider the Veteran's statements regarding current symptoms, in-service events/causes, and possible continuity of symptoms.
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