The Veteran's claims for a higher disability rating for his right radial nerve laceration and special monthly compensation based on aid and attendance are being remanded due to the receipt of new evidence. The case will be returned to the AOJ for review.
The deciding factor: New evidence was received since the last adjudication, but the Veteran did not waive AOJ review in a timely manner.
- Claimed conditions
- residuals of laceration of right radial nerve, surgical scars
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 6, 2023
- Citation
- 23064607
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 23064607.
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 degenerative arthritis of the lumbar spine and associated radiculopathy, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a total rating based on individual unemployability (TDIU) effective October 23, 2024.
- Denied
The Veteran's initial claim for a compensable rating for surgical scars was denied. The Board found that the current noncompensable rating is appropriate as the scars are less than 929 square centimeters and do not meet the criteria for a higher rating.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for financial assistance for automobile or other conveyance and adaptive equipment, or adaptive equipment only due to his remaining functional use of his feet.
- Partly granted
The Board granted a 40 percent rating for the ventral hernia, a separate 30 percent rating for painful or unstable surgical scars, and a TDIU effective March 13, 2022. The claims for increased ratings for diverticulitis and surgical scars under Diagnostic Code 7801 were denied.
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