The Veteran's claims for service connection and increased rating for her left knee disability are being remanded due to procedural issues. The claim for a bilateral ankle disability is also pending, requiring the issuance of an SOC.
The deciding factor: Procedural errors in filing NODs and substantive appeals have led to jurisdictional issues that require further review by VA.
- Claimed conditions
- Irritable Bowel Syndrome (IBS), Left Knee, Status Post Tibia Stress Fracture
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 2, 2023
- Citation
- 23059290
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 23059290.
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 service-connected disabilities, including PTSD, right knee meniscal tear, and IBS, have rendered him unable to secure or follow any substantially gainful employment from May 1, 2020 to May 1, 2021. The Board finds that the evidence is in balance, with all reasonable doubt resolved in favor of the Veteran.
- Denied
The Board has denied the veteran's claim for an initial compensable disability rating for his IBS, finding that the evidence does not meet the criteria for a moderate or severe condition as defined by VA regulations.
- Granted
The Board has granted an initial 20 percent rating for service-connected vitamin D deficiency, finding that the Veteran's recurrent abdominal pain and diarrhea most closely approximates the criteria for a 20 percent rating under Diagnostic Code 6313. The claim for service connection for IBS was not addressed in this decision.
- Remanded (sent back)
The Veteran's IBS with GERD was granted an initial 60 percent rating. The Board has remanded the issue of service connection for obstructive sleep apnea due to insufficient medical opinions and development.
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