The veteran's claims for increased ratings for his left thumb and right knee disabilities are being remanded due to deficiencies in the development of these claims.
The deciding factor: The VA examinations did not meet the requirements of DeLuca v. Brown (1995) regarding functional loss, pain on use, and flare-ups.
- Claimed conditions
- ankylosis of the left thumb, right knee arthritis due to trauma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2008
- Citation
- 0843613
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 0843613.
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 residuals of a right knee injury, but dismissed the appeals for ankylosis of the left thumb, ankylosis of the right thumb, and residuals of an injury of the left knee.
- Granted
The Veteran's service-connected conditions have rendered him in need of regular aid and attendance, which is granted for increased special monthly compensation.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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