The veteran's claims for increased ratings for lumbosacral strain, right knee chondromalacia patella, and right hip tendonitis are being remanded to obtain additional evidence.
The deciding factor: Additional VA treatment records from the period of October 2002 to the present must be obtained, as well as a current examination to assess the severity of the veteran's service-connected conditions. The claims will then be readjudicated with consideration given to whether staged ratings are appropriate for any distinct period of time.
- Claimed conditions
- Lumbosacral strain, Right knee chondromalacia patella, Tendonitis of the right hip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 7, 2008
- Citation
- 0815036
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 Veteran's claims for additional VA examinations to properly evaluate the current severity of her disabilities.
- Dismissed
The appeal is dismissed due to res judicata, as the issues were previously adjudicated and are now barred from further review.
- Dismissed
The appeal was dismissed due to untimely filing of the Notice of Disagreement (NOD) for claims related to an increased rating and service connection, as well as lack of jurisdiction over a previously granted claim for sinusitis.
- Granted
The Veteran was granted separate ratings of special monthly compensation (SMC) based on the need for aid and attendance, a higher rating under 38 U.S.C. § 1114(o), and a higher rating under 38 U.S.C. § 1114(r)(1).
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