The appeal is remanded for additional evidence and examination to determine the current severity of the Veteran's knee disabilities, the etiology of her left ankle disability, and to provide proper notice regarding increased rating claims.
The deciding factor: Further medical evidence and examination are needed to assess the current severity of the Veteran's service-connected knee disabilities and the potential relationship between her left ankle disability and her service-connected bilateral knee disabilities. Additionally, corrective notice is required for increased rating claims under Vazquez-Flores v. Peake.
- Claimed conditions
- right knee degenerative joint disease, left knee arthritis, post-traumatic stress disorder (PTSD), bipolar disorder and schizoaffective disorder, left ankle disability, left elbow disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2009
- Citation
- 0906912
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 service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Denied
The Board denied service connection for right ankle, left ankle, back disability, and other conditions as there is no evidence of a current disability related to the Veteran's military service.
- Partly granted
The Board denied service connection for various musculoskeletal conditions of the left and right hands, shoulders, elbows, wrists, knees, ankles, and foot, but granted service connection for a right knee disability and fibromyalgia. The decision was based on medical evidence that did not support a link between these conditions and the Veteran's military service.
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