The Board has decided to remand the Veteran's claims for service connection for right elbow, neck, and right knee disabilities due to potential combat-related injuries. The Veteran will need to undergo a VA examination to determine if his current conditions are related to his military service.
The deciding factor: The Veteran's lay statements regarding in-service injuries during combat may be considered credible evidence of the occurrence of such events.
- Claimed conditions
- right elbow disability, neck disability, right knee condition
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2019
- Citation
- 19100697
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 Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Dismissed
The Veteran's appeals for service connection were dismissed due to untimely filing of the Board Appeal requests.
- Denied
The Board denied service connection for gastrointestinal disability and denied earlier effective dates for the awards of service connection for allergic rhinitis, migraine headaches, PTSD, and tinnitus. The Board also denied increased ratings for allergic rhinitis and tinnitus and remanded claims for service connection for right elbow disability.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.