The Board remands the claims for service connection and character of discharge to correct pre-decisional duty-to-assist errors, including obtaining outstanding medical records and a medical opinion regarding the Veteran's mental state at the time of misconduct.
The deciding factor: A remand is necessary due to pre-decisional duty-to-assist errors that need to be corrected before a decision can be made on the merits of the claims.
- Claimed conditions
- right shoulder pain with strain, right thumb joint pain, lumbar spine pain with lumbago and sacroiliitis, cervical spine pain with cervicalgia, left hip joint pain, right knee joint pain, left knee joint pain, left ankle joint pain, left leg Achilles tendonitis, right ankle joint pain, nasal deformity, with septoplasty, gastritis, laparoscopy bowel resection with scar, surgical scar of anterior trunk status post left inguinal hernia repair, posttraumatic stress disorder (PTSD), adjustment disorder with depression, temporomandibular joint dysfunction, with bruxism
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2024
- Citation
- A24067813
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 Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Granted
The Board granted an effective date of October 17, 2022, for the grant of service connection for PTSD.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Dismissed
The Veteran withdrew the appeal for an increased rating of his service-connected PTSD during a Board hearing, and the appeal is therefore dismissed.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.