The Board has remanded the case for additional development, including obtaining medical opinions and arranging for VA examinations. The issues of increased ratings for knee disabilities and service connection on a secondary basis for gastrointestinal disability remain on appeal.
The deciding factor: The RO failed to provide the veteran with the appropriate law and regulations pertaining to his theory of entitlement (secondary service connection) and did not issue a supplemental statement of the case considering all pertinent diagnostic codes under VA's Schedule for Rating Disabilities. The RO also did not consider whether the case should be referred to the Director of the Compensation and Pension Service for extra-schedular consideration.
- Claimed conditions
- right knee disability, left knee disability, gastrointestinal disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 14, 2002
- Citation
- 0209811
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 0209811.
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.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient rationale in the July 2012 VA examination for the Veteran's left knee disability, and a new addendum opinion is needed.
- Remanded (sent back)
The Board has remanded the claims for shin splints, right knee disability, acquired psychiatric disorder (depression), stomach disability, and left ear hearing loss due to errors in providing notice of the right to a hearing.
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