The Board denied the increased rating claims for post-concussion syndrome with unspecified depressive disorder, disc disease of the lumbosacral spine, and patellofemoral pain syndrome. The appeal was remanded to consider SMC based on a TDIU.
The deciding factor: The Veteran's service-connected disabilities did not meet the criteria for higher ratings or a TDIU due to their severity and impact on his ability to work.
- Claimed conditions
- Post-concussion syndrome with unspecified depressive disorder, Disc disease of the lumbosacral spine with mild narrowing of L4-L5, spondylosis, and spondylolisthesis, Patellofemoral pain syndrome (PPS), right knee, Patellofemoral pain syndrome (PPS), left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 1, 2025
- Citation
- 25004333
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 Veteran's service-connected left knee and right shoulder disabilities, along with compensation benefits awarded under 38 USC § 1151 for a right bicep detachment during shoulder surgery, prevented him from securing or following substantially gainful employment from December 22, 2011 to December 11, 2016.
- Partly granted
The Board granted a 40 percent evaluation for sciatic nerve radiculopathy of the right and left lower extremities, a 30 percent evaluation for femoral nerve radiculopathy of the right and left lower extremities, and a total disability rating based on individual unemployability (TDIU), but denied an increased evaluation in excess of 40 percent for spinal stenosis and lumbar intervertebral disc syndrome.
- Dismissed
The Board dismissed the claims for earlier effective dates and higher ratings for various conditions, including left eye condition, right eye condition, hypertension, left knee, right knee, obstructive sleep apnea, and coronary artery disease (CAD), as well as denied an earlier effective date for CAD.
- Denied
The Board denied service connection for a right leg disability, kidney cancer, including residuals, and bilateral knee disabilities as the evidence did not support that these conditions began during active service or are related to an in-service injury or disease.
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