The Board remands the issues for further development, including new examinations and a TERA examination.
The deciding factor: The evidence indicates that the Veteran's service-connected disabilities have worsened since his last VA examinations, necessitating new evaluations to accurately assess current levels of impairment. Additionally, there is sufficient evidence to warrant an examination under the Persian Gulf War Veterans' Act (TERA) for certain conditions related to toxic exposure.
- Claimed conditions
- Acne, Sciatic nerve radiculopathy (right lower extremity), Sciatic nerve radiculopathy (left lower extremity), Femoral nerve radiculopathy (right lower extremity), Femoral nerve radiculopathy (left lower extremity), Medically unexplained chronic multi-symptom illness (MUCMI), to include joint pains and fibromyalgia, Unspecified degenerative arthritis, Calcific tendonitis of the bilateral lower extremities, including as secondary to a lumbar spine disability with invertebral disc disease (IVDS) and associated radiculopathies, Chronic left wrist tendonitis, including as secondary to a left wrist disability, Musculoskeletal condition, including as secondary to a lumbar spine disability with IVDS and associated radiculopathies, Other specified trauma and stressor related disorder, Posttraumatic stress disorder (PTSD), Total disability rating based on individual unemployability (TDIU)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2024
- Citation
- 24002807
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 Board granted service connection for PTSD, resolving reasonable doubt in the Veteran's favor and finding that his PTSD is related to an in-service military sexual trauma (MST) during a period of ACDUTRA.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
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