The Board remands the Veteran's claims for increased initial disability ratings for various conditions to the AOJ for further development and readjudication.
The deciding factor: Additional evidence was received after the last SSOC, necessitating a remand for review by the AOJ.
- Claimed conditions
- Adjustment Disorder with Anxiety, Circadian Rhythm Sleep Disorder, and Insomnia with Night Terrors, Right Upper Extremity Radiculopathy, Upper Radicular Group, Benign Prostatic Hypertrophy, Status Post Transurethral Resection of the Prostate with Overactive Bladder, Cervical Spine Fusion, Lumbosacral Spine Fusion and Microdiskectomy, Left Lower Extremity Radiculopathy, Sciatic Nerve (previously rated as Right Lower Extremity Radiculopathy, Sciatic Nerve), Chronic Diarrhea, Internal Hemorrhoids, Status Post-Surgery, Right Wrist Ganglion Cyst, Scar, Anterior Left Lower Neck, Status Post Cervical Spine Fusion, Scars, Posterior Trunk, Status Post Lumbar Fusion, Tension Headaches
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2024
- Citation
- 24002625
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.
- Partly granted
The Board denied the veteran's claims for increased ratings and service connection, except for a 20 percent rating for lumbosacral strain.
- Partly granted
The Veteran's adjustment disorder with anxiety was granted a 70 percent evaluation since March 6, 2023, but the claim for an increased evaluation in excess of 30 percent prior to that date was denied.
- Partly granted
The Board granted an increased initial evaluation of 70 percent for PTSD but denied evaluations in excess of 10% for tension headaches and in excess of 30% for IBS, and denied service connection for chronic fatigue syndrome. The claims for additional service connections were remanded.
- Partly granted
The Board denied service connection for sinusitis, bronchitis, liver abscess, abdominal aorta, left and right hamstring disabilities. The Board granted an increased disability rating of 40 percent for right upper extremity radiculopathy but denied all other claims.
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