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Remanded (sent back)PACT Act

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.

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