The appeals for initial ratings in excess of 10 percent for the left knee and right shoulder were remanded, while the appeal for a compensable rating for the left foot was denied.
The deciding factor: The evidence did not support a higher evaluation for the service-connected disabilities as they did not meet the criteria for a compensable or higher rating under applicable diagnostic codes.
- Claimed conditions
- Residuals of an anterior cruciate ligament (ACL) tear of the left knee, Residuals of a left second metatarsal fracture, Right shoulder disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2009
- Citation
- 0906902
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.
- Denied
The Board denied the Veteran's appeal for increased ratings for right and left shoulder disabilities, as the evidence did not support a higher rating under applicable criteria.
- Partly granted
The Board granted service connection for a right knee disability and PTSD, remanded several claims including those for a left knee disability, right shoulder disability, hypertension, craniomandibular disorder, and a compensable rating for residuals of a right femur fracture.
- Remanded (sent back)
The Board remands the claims for service connection due to a pre-decisional duty to assist error regarding VA's obligation to obtain relevant records from the Social Security Administration.
- Dismissed
The appeals for increased ratings and service connection were withdrawn by the veteran's authorized representative.
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