The Board dismissed the appeal for increased ratings and earlier effective dates due to the Veteran's withdrawal of these claims.
The deciding factor: The issues were withdrawn by the Veteran through his attorney, thus there are no allegations of errors of fact or law for appellate consideration.
- Claimed conditions
- left hip arthritis, right hip arthritis, radiculopathy left lower extremity, radiculopathy right lower extremity, depressive disorder, degenerative disc disease with IVDS
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2023
- Citation
- 23000852
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 service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Granted
The Board granted a disability rating of 50 percent for the Veteran's acquired psychiatric disorder, characterized as depressive disorder, effective May 1, 2017.
- Partly granted
The Veteran is granted service connection for migraine headaches secondary to tinnitus, effective April 1, 2021. The claim for an earlier effective date for depressive disorder was denied.
- Remanded (sent back)
The Board remands the claim for an acquired psychiatric disorder to obtain a VA examination and etiological opinion.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.