The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA and private treatment records, scheduling a VA examination, and providing VCAA notice regarding secondary service connection.
The deciding factor: The case was previously remanded by the Board of Veterans' Appeals (Board) in October 2004 with instructions to provide the Veteran with a VA examination. The February 2005 VA examination report did not include range of motion measurements for the right knee, which is required.
- Claimed conditions
- dysthymic disorder, thoracic spine disability, residuals of a fracture of the distal third of the right tibia and fibula
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2010
- Citation
- 1013646
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 1013646.
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.
- Granted
The Veteran's service-connected dysthymic disorder, anxiety disorder, borderline intellectual functioning, and dyslexia have prevented him from securing or following a substantially gainful occupation.
- Partly granted
The Board granted service connection for a right shoulder disability and remanded the claims for lumbar spine, thoracic spine, right hip, left knee, right knee, left ankle, right ankle, and bilateral foot disabilities.
- Partly granted
The Board denied service connection for a thoracic spine disability and remanded the claims for bilateral hip, left sciatic radicular pain, headaches, and cervicothoracic spine disabilities.
- Partly granted
The Board granted an increased rating of 70 percent for dysthymic disorder and a total rating based on individual unemployability due to service-connected disability, effective July 31, 2008.
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