The Veteran's claims for service connection and a total disability rating based on individual unemployability are being remanded due to the need for further development.
The deciding factor: Further evidence is needed to determine if the Veteran's current disabilities, including his service-connected conditions, prevent him from securing or following substantial gainful employment.
- Claimed conditions
- cubital tunnel syndrome of the right elbow, total right hip arthroplasty, generalized dystonia, Meige's syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 30, 2009
- Citation
- 0945491
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 0945491.
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 Veteran's TDIU claim is denied as his disability rating was reduced to 90 percent from May 1, 2022. He does not meet the schedular criteria for TDIU based on a single disability rated at 40% or more and sufficient additional disabilities to bring the combined overall rating to 70% or more.
- Denied
The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation from December 31, 2015 to June 5, 2019. From June 5, 2019, the Veteran was in receipt of a 100% rating for lung cancer and SMC based on his additional service-connected disabilities.
- Denied
The Veteran's cubital tunnel syndrome of the right elbow is currently rated at 10 percent, but the Board finds that it does not warrant a higher rating.,The Veteran's headaches are currently rated at 30 percent, and the Board finds that they do not warrant a higher rating.,The Veteran's lumbar spinal stenosis with DDD is currently rated at 20 percent, and the Board finds that it does not warrant a higher rating.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the etiology of the Veteran's right hip disability.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.