The Board remands the claims for increased ratings and TDIU due to incomplete VA examination reports.
The deciding factor: Incomplete VA examination reports did not consider the possibility of functional equivalent of ankylosis as discussed in Chavis v. McDonough, 34 Vet. App. 1, 1-2 (2021).
- Claimed conditions
- Left hip limitation of extension, Right hip limitation of extension, Left hip limitation of flexion, Right hip limitation of flexion, Left hip limitation of abduction and rotation, Right hip limitation of abduction and rotation
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2023
- Citation
- 23001379
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 the Veteran's claims for a temporary total rating based on convalescence and entitlement to specially adapted housing, as he was not service-connected for a lumbar spine disability at the time of his spinal laminectomy in December 2019, and there is no evidence of loss or loss of use of any extremities that would preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.
- Partly granted
The Board granted service connection for bilateral hearing loss and higher initial disability ratings of 70%, 40%, and 20% for PTSD, back disability, and left lower extremity radiculopathy respectively. The claims for higher ratings for right hip limitations and eye photophobia were denied.
- Denied
The Board denied increased ratings for the Veteran's low back condition, left lower extremity radiculopathy, and left hip conditions as there was no evidence of a worsening of symptoms beyond what was shown at the September 2023 VA examination.
- Denied
The Board denied the veteran's claims for an initial rating in excess of 10 percent for left hip limitation of flexion and a compensable rating for left hip limitation of abduction and adduction, as the evidence did not support higher ratings.
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