The Veteran's appeal of an initial rating in excess of 70 percent for PTSD with unspecified depressive disorder and unspecified anxiety disorder prior to July 27, 2022 is remanded.,The Veteran's claims for service connection for left lateral femoral neuropathy and right lateral femoral neuropathy are remanded.,The Veteran's claim for a compensable rating for left shoulder surgery scars is remanded.,The Veteran's appeal of an initial rating in excess of 30 percent for left shoulder nerve damage is remanded.,The Veteran's claim for a rating in excess of 50 percent for sleep apnea is remanded.,The Veteran's appeals of ratings in excess of 20 percent for the residuals of left (minor) shoulder surgery based upon limitation of motion and impairment of the humerus are remanded.,The Veteran's appeal of a rating in excess of 10 percent for sciatic neuropathy of the left lower extremity is remanded.
The deciding factor: In September 2022, prior to the promulgation of a decision in the appeal, the Veteran withdrew from appeal the issue of entitlement to a TDIU prior to October 18, 2016. As such, the Board does not have jurisdiction to the appeal of entitlement to a TDIU prior to October 18, 2016 and it is dismissed.,The issues of service connection for left lateral femoral neuropathy and right lateral femoral neuropathy were remanded in April 2022 due to insufficient rationale provided by the VA examiner. Additional development is needed to address these claims.,The Veteran's claim for a compensable rating for left shoulder surgery scars was remanded as requested by the Veteran's representative, who requested information about the competency of the examiners that have provided examinations and opinions on the issues on appeal.,The Veteran's appeals of an initial rating in excess of 30 percent for left shoulder nerve damage, a rating in excess of 50 percent for sleep apnea, and ratings in excess of 20 percent for the residuals of left (minor) shoulder surgery based upon limitation of motion and impairment of the humerus were remanded due to insufficient rationale provided by the VA examiner. Additional development is needed to address these claims.,The Veteran's claim for a rating in excess of 10 percent for sciatic neuropathy of the left lower extremity was remanded as requested by the Veteran's representative, who requested information about the competency of the examiners that have provided examinations and opinions on the issues on appeal. Additional development is needed to address this claim.,The Veteran's claims were remanded due to insufficient rationale provided by the VA examiner in connection with the service connection for left lateral femoral neuropathy and right lateral femoral neuropathy, as well as the compensable rating for left shoulder surgery scars, initial rating in excess of 30 percent for left shoulder nerve damage, a rating in excess of 50 percent for sleep apnea, ratings in excess of 20 percent for the residuals of left (minor) shoulder surgery based upon limitation of motion and impairment of the humerus, and a rating in excess of 10 percent for sciatic neuropathy of the left lower extremity.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Left Shoulder Nerve Damage, Obstructive Sleep Apnea, Left Lateral Femoral Neuropathy, Right Lateral Femoral Neuropathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 14, 2023
- Citation
- 23039166
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 23039166.
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.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.