The Board has remanded the case due to inadequate examination and need for a new VA examination.
The deciding factor: The October 2019 VA SMC examination was found to be factually inaccurate, requiring a new examination to assess the Veteran's need for aid and attendance.
- Claimed conditions
- depression, migraine headaches, subacute bursitis of the left shoulder, right ankle lateral ligamentous sprain, left and right knee patellofemoral pain disorder with synovitis, onychomycosis and tinea pedis of the bilateral feet, tinea cruris of the groin, chronic cervical spine strain with degenerative changes, chronic left ankle sprain, gastroesophageal reflux disease with hiatal hernia, facial herpes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 3, 2022
- Citation
- 22044167
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 22044167.
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 remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
- Denied
The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- Granted
The Veteran's depression was rated at 50 percent prior to September 27, 2017. From September 27, 2017, the rating for depression increased to 70 percent.
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