The Board has remanded the Veteran's claims for a TDIU, increased ratings for left knee disabilities, and service connection for lumbar myositis to the RO for further development. The Veteran is also being given another opportunity to respond to these matters.
The deciding factor: The Board found that VA treatment records from the Mayaguez VAMC may be relevant to these claims and ordered their acquisition. Additionally, the Veteran was provided an opportunity to submit additional evidence or information pertinent to his claims.
- Claimed conditions
- Degenerative Disc Disease (DDD) at the C4-C5 level, Cervical myositis, Left knee meniscus tear, Limited extension of the left knee, Depressive disorder, Lumbar myositis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2010
- Citation
- 1007095
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 1007095.
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.
- Remanded (sent back)
The Board has identified a contradiction in the AOJ's determinations regarding the Veteran's need for aid and assistance, which requires clarification. The remanded issues are entitlement to SMC based on the need for regular aid and attendance of another and on the basis of statutory housebound status.
- Denied
The Veteran is found not competent to handle the disbursement of VA funds, and his appeal is denied.
- Dismissed
The Veteran's appeals for increased ratings on the issues of right total knee arthroplasty, chondromalacia of the left knee and deformity of patella, bilateral hearing loss, and limited extension of the left knee have been dismissed as moot due to a separate Board decision adjudicating these claims.
- Denied
The Veteran's claim for special monthly compensation (SMC) due to being housebound is denied because he does not have a single service-connected disability rated as total, and his disabilities are not separate and distinct from the maximum combined rating of 100 percent.
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