The Board remands the Veteran's claims for an initial rating in excess of 10 percent for lumbar spine degenerative arthritis with IVDS, an initial rating in excess of 30 percent for ulcerative colitis, status post total abdominal colectomy with ileostomy, a separate rating for hiatal hernia with GERD, and an initial compensable rating for surgical scars associated with ulcerative colitis to obtain additional evidence.
The deciding factor: The January 2020 VA examinations were found inadequate due to missing information and the need for further assessment of the Veteran's symptoms during flare-ups and repeated use over time.
- Claimed conditions
- lumbar spine degenerative arthritis with intervertebral disc syndrome (IVDS), ulcerative colitis, status post total abdominal colectomy with ileostomy, hiatal hernia with gastroesophageal reflux disease (GERD), surgical scars associated with ulcerative colitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 9, 2024
- Citation
- A24064442
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 a 30 percent rating for ulcerative colitis, finding that the Veteran's symptoms most closely approximate moderately severe ulcerative colitis with frequent exacerbations.
- Remanded (sent back)
The Board remands the claim for service connection of ulcerative colitis to address whether it is secondary to a service-connected disability.
- Remanded (sent back)
The Board granted a request to readjudicate the claim of service connection for ulcerative colitis based on new and relevant evidence, but remanded the issue for further development.
- Partly granted
The Board granted a higher initial rating of 100 percent for ulcerative colitis and denied increased ratings for lumbar paraspinal tendonitis, left knee patellofemoral pain syndrome, and right knee patellofemoral pain syndrome.
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