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Remanded (sent back)PACT Act

The Veteran's claims for service connection have been denied.,The Veteran's claim for an initial rating in excess of 10 percent for a bilateral knee disability has been denied.,The Veteran's claim for an initial rating in excess of 10 percent for a left hip disability and GERD has been granted with an initial rating of 10 percent.,The Veteran's claims for service connection have been denied.,The Veteran's claim for an initial rating in excess of 10 percent for a skin disability has been denied.,The Veteran's claim for service connection has been denied.,The Veteran's claim for an initial rating in excess of 10 percent for a left ankle disability has been denied.,The Veteran's claim for service connection has been granted with an initial rating of 40 percent.

The deciding factor: The Board notes that the Veteran did not appeal the denial of his claim for service connection for a bilateral elbow disability in an April 2006 notice of disagreement (NOD).,VA regulations provide that where an examination report does not contain sufficient detail, it is incumbent upon the rating board to return the report as inadequate for evaluation purposes.,The Veteran's reports of a continuity of symptomatology can satisfy the requirement for evidence that the claimed disability may be associated with active service.,Service treatment records document tinnitus and bilateral hearing loss in March 1971; however, audiological testing conducted after 1971 demonstrated an improvement in hearing.,The Veteran's reports are discounted as he is competent to report injuries and symptoms.

Claimed conditions
lumbar spine disability, loss of sensation to lateral aspect of right knee, loss of sensation to lateral aspect of left knee, right wrist disability, left wrist disability, left hip disability, right hip disability, GERD (gastroesophageal reflux disorder), skin disability, acquired psychiatric disability (PTSD), bilateral hearing loss, tinnitus, right shoulder disability, left shoulder disability, right knee disability other than the loss of sensation to the lateral aspect of the knee, left knee disability other than the loss of sensation to the lateral aspect of the knee, left ankle disability, cervical spine disability (neck disability)
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
September 16, 2011
Citation
1134737

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 1134737.

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

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