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.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Partly granted
The Board granted service connection for migraine headaches with an initial rating of 50 percent effective from August 10, 2022, and denied the claims for service connection for a right knee disability, obstructive sleep apnea, kidney disability, low back disability, and erectile dysfunction.
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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