The appeal is remanded for further development, including the scheduling of a proper VA examination and obtaining any outstanding medical records.
The deciding factor: The last VA examination was nearly five years old, and new evidence may be available. The veteran's current address has been provided to VA, necessitating another attempt at securing his presence for an examination.
- Claimed conditions
- lumbar spine strain, chondromalacia patella of the right knee, chondromalacia patella of the left knee, residuals of a right ankle fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 13, 2009
- Citation
- 0901388
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.
- Dismissed
The appeal for higher ratings and special monthly compensation was withdrawn by the Veteran before a decision was made.
- Denied
The Board denied the veteran's claims for earlier effective dates and service connection for various conditions, as well as initial ratings higher than noncompensable for dermatitis and hypertension, and a rating higher than 20 percent for lumbar spine strain.
- Denied
The Board denied increased ratings for the Veteran's service-connected conditions, including painful scars of the right knee, left foot plantar fasciitis, residuals of fracture of the left talus, and adjustment disorder with mixed anxiety and depressed mood. The claims were denied as the evidence did not support higher ratings or an earlier effective date.
- Partly granted
The Board granted service connection for right temporomandibular joint disorder (TMJ) and bruxism, lumbar spine strain, and erectile dysfunction and hypogonadism. The appeal was denied for an initial compensable rating for eczema.
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