The Board has remanded the case due to inadequate examination and development of evidence related to the Veteran's employability given his service-connected disabilities. The claim will be reconsidered after additional development.
The deciding factor: The VA examiner did not provide a comprehensive opinion on the combined effects of the Veteran's service-connected disabilities on his ability to secure or follow a substantially gainful occupation, as required by prior Board remand instructions.
- Claimed conditions
- persistent depressive disorder, obstructive sleep apnea with exercise induced asthma, degenerative arthritis with levoscoliosis of the lumbar spine, chronic headaches, bilateral hip degenerative joint disease, bilateral knee patellofemoral syndrome with Osgood-Schlatter's disease, mitral valve prolapse with myxomatous degeneration and mitral regurgitation, gastroesophageal reflux
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2023
- Citation
- 23000038
Veterans Law Judge
Decisions by this judge: 785 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 23000038.
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's service connection for other specified trauma and stressor-related disorder with persistent depressive disorder, anxious distress, and pure dysthymic syndrome was granted. The appeal for PTSD is dismissed as moot because the issue has been rendered irrelevant by the grant of service connection in another appeal stream.
- Granted
The Board has determined that the Veteran's persistent depressive disorder, moderate with anxious distress and panic attacks is related to his service in the Republic of Vietnam. The decision grants service connection for this condition.
- Granted
The Veteran's effective date for service connection of left leg amputation and associated scars, as well as SMC based on loss of use of the left leg, is set to January 28, 2022. The effective date for DEA eligibility is also set to January 28, 2022. An effective date prior to January 28, 2022, was denied for service connection of chronic headaches.
- Granted
Service connection for chronic headaches and restoration of a 20 percent disability rating for the service-connected left wrist strain are granted.,The appeal to restore a higher disability rating for the broken right foot is dismissed.
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