The Board remands the claims for increased ratings and TDIU due to deficiencies in prior VA examinations.
The deciding factor: The Court found that the prior VA examinations did not comply with the Board's remand instructions, necessitating new examinations.
- Claimed conditions
- postgastrectomy syndrome, thoracic spine strain (low back condition)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2023
- Citation
- 23001037
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.
- Partly granted
The veteran's postgastrectomy syndrome was rated at 20 percent from February 8, 1999 to August 20, 2003. From August 21, 2003 onwards, the rating was increased to 40 percent.
- Denied
The Board has determined that the veteran's postgastrectomy syndrome does not warrant a rating in excess of 20 percent, as it is currently manifested by complaints of epigastric distress without evidence of diarrhea or weight loss.
- Denied
The Board denied the veteran's claim for an increased rating for postgastrectomy syndrome, finding that his condition did not meet the criteria for a higher disability rating.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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