The Board remands the Veteran's claims for increased ratings of his service-connected disabilities to ensure that he is provided with updated VA examinations.
The deciding factor: Remand is necessary due to the progression of symptoms since the last VA examinations and to ensure compliance with VA's duty to assist the Veteran.
- Claimed conditions
- Degenerative joint disease of the lumbar spine, Peripheral radiculopathy of the left lower extremity, Peripheral radiculopathy of the right lower extremity, Left hip arthritis (impairment of the thigh), Left hip arthritis (extension), Scar, status-post right hip replacement
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2024
- Citation
- 24000114
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 service connection for degenerative joint disease of the lumbar spine, right and left lower extremity neurological disorders, and right and left hip disabilities as they were not shown to be caused or aggravated by the Veteran's service or a service-connected disability.
- Partly granted
The Board granted an initial evaluation of 20 percent for degenerative joint disease of the lumbar spine prior to December 28, 2010, and denied a rating in excess of 40 percent as of that date.
- Partly granted
The Board granted an earlier effective date of September 14, 2018, for the award of a 40 percent disability rating for service-connected degenerative joint disease of the lumbar spine but denied entitlement to TDIU.
- Remanded (sent back)
The Board remands the matters for the AOJ to provide the Veteran with notice of his right to a pre-decisional hearing before the AOJ.
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