The appeal is remanded to the Board for further action consistent with a Joint Motion from the Court.
The deciding factor: The Board did not adequately address whether a compensable rating is warranted under 38 C.F.R. § 4.71a, Diagnostic Code 5003, and an opinion is necessary to determine if x-ray findings of olecranon spurs constitute arthritis warranting a compensable rating.
- Claimed conditions
- olecranon spur, right elbow, olecranon spur, left elbow
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 20, 2009
- Citation
- 0906438
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.
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- Remanded (sent back)
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