The veteran's claim for an increased rating of his right elbow scar was remanded due to the RO not addressing the applicable rating criteria from August 30, 2002. The case needs to be re-adjudicated using the correct criteria and a supplemental statement of the case should be issued.
The deciding factor: The veteran's claim for an increased rating was based on the incorrect application of the new rating criteria that were applicable since August 30, 2002.
- Claimed conditions
- right elbow scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2004
- Citation
- 0409373
Veterans Law Judge
Decisions by this judge: 1,458 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0409373.
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 Board remands the claims for an earlier effective date for service connection for various conditions, due to a failure to provide notice of the Veteran's right to a hearing.
- Denied
The Board denied all claims for increased ratings and earlier effective dates, except for the grant of an earlier effective date for total disability due to individual unemployability (TDIU) and eligibility for Dependents' Educational Assistance based on permanent and total disability status.
- Partly granted
The Board granted service connection for obstructive sleep apnea (OSA) and right upper extremity ulnar neuropathy, both secondary to the Veteran's service-connected conditions. The claims for increased ratings and earlier effective dates for tinnitus were denied.
- Partly granted
The Board granted service connection for a low back condition, to include degenerative arthritis of the lumbar spine, and denied claims for compensable ratings for right ear hearing loss, service connection for left ear hearing loss, and service connection for scars on the right elbow and eyebrow.
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