The Board has determined that there was a duty to assist error in the September 2021 rating decision and has ordered further development to verify the appellant's alleged active duty Reserve service dates. The issues on appeal are now remanded for readjudication.
The deciding factor: There was an error in the AOJ's determination of the appellant's period of reserve service, which may affect the effective date of her service connection awards.
- Claimed conditions
- tinnitus, posttraumatic stress disorder (PTSD), right shoulder labral tear, right shoulder scar, left knee patellofemoral pain syndrome (PPS), lumbosacral strain, right knee PPS, right ear otitis externa, dermatitis with xerosis cutis, dysmenorrhea with menorrhagia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2024
- Citation
- A24079909
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A24079909.
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.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- 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.
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