The Board has remanded the case for a new examination to address whether the Veteran's service-connected disabilities alone preclude all forms of substantially gainful employment that are consistent with his education and occupational experience. The appeal is now pending again.
The deciding factor: The VA examiner must provide an opinion on whether the Veteran's service-connected disabilities, standing alone, preclude all forms of substantially gainful employment that are consistent with his education and experience.
- Claimed conditions
- T7-8 compression fracture, residuals of left knee injury, cystic bursitis with osteoarthritis secondary to a chronic strain of the right knee collateral ligament
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2013
- Citation
- 1311816
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 1311816.
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 Board has granted service connection for the Veteran's residuals of left knee injury, finding that it is related to his active duty training (ACDUTRA) in June 1986.
- Granted
The veteran was granted a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
- Partly granted
Service connection for tinnitus is granted. All other issues are remanded for further review.
- Remanded (sent back)
The Board has remanded the Veteran's claims for residuals of left knee injury, tinnitus, bilateral shin splints, and sinusitis, allergic rhinitis due to insufficient development of the record.
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.