The veteran's appeal is being remanded for further examination to determine if he suffers from a 'loss of use' of one or both lower extremities, which could affect his eligibility for specially adapted housing and adaptive equipment benefits. The RO/AMC will then readjudicate the claims based on this new information.
The deciding factor: The veteran's eligibility for specially adapted housing and adaptive equipment benefits hinges on whether he suffers from a 'loss of use' of one or both lower extremities, which requires further examination to determine.
- Claimed conditions
- osteoarthritis of the right knee, old compression of T12 with mild anterior spurring of T12 and L1, flat feet, hammer toes, and calluses, post-operative right acromioclavicular separation, osteoarthritis of the left knee, maxillary sinusitis, right knee frayed remnant of the medial meniscus associated with osteoarthritis of the right knee, diverticulum of duodenum, hiatal hernia with gastroesophageal reflux disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2008
- Citation
- 0837161
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 0837161.
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.
- Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected maxillary sinusitis and allergies, finding a causal relationship between these conditions.
- Granted
The Board has determined that the Veteran's obstructive sleep apnea (OSA) is caused by and/or aggravated by his service-connected maxillary sinusitis, resulting in a grant of service connection for OSA as secondary to the service-connected condition.
- Remanded (sent back)
The Veteran's claims for increased ratings and a TDIU are being remanded due to procedural errors in the development process. The VA is required to provide an examination to assess the severity of his service-connected left knee disorders, including any meniscal disability or patellar instability.
- Granted
The Veteran's claim for service connection for osteoarthritis of the left knee is granted. The claim for service connection for osteoarthritis of the left shoulder is remanded.
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