The Board remands the claims for further development and readjudication.
The deciding factor: The veteran did not timely perfect an appeal seeking increased ratings for tinnitus and benign prostatic hypertrophy, so the Board lacks jurisdiction to address those matters. The remaining claims are being remanded for additional evidence and a more complete adjudication.
- Claimed conditions
- left knee arthritis, cervical spine arthritis, lumbar spine arthritis, left shoulder arthritis, bilateral hip arthritis, bilateral wrist and hand arthritis, left elbow fracture residuals, psoriasis, esophageal hiatal hernia with reflux, residuals of a right posterior chest wall gunshot wound
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 31, 2008
- Citation
- 0810579
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 various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Denied
The Board denied service connection for the veteran's claimed conditions, including right shoulder arthritis, left shoulder arthritis, right hip condition, left hip condition, low back disability, and bilateral lower extremity radiculopathy, as there was no evidence of in-service injury or illness related to these conditions.
- Partly granted
The appeal for service connection for fibromyalgia was granted with an effective date of August 14, 2023. The appeals for earlier effective dates and higher ratings were denied.
- Remanded (sent back)
The Board remands the matter for an opinion addressing the severity of the Veteran's lumbar spine arthritis, without considering the beneficial effects of medication.
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