The Veteran's hypertension and sinusitis have been granted service connection. The initial ratings for PTSD, post-concussive migraines, left knee osteoarthritis, right knee osteoarthritis, and lumbar spondylosis are remanded.,A new examination is needed to assess the severity of the Veteran's bilateral knee conditions and his service-connected lumbar spondylosis.
The deciding factor: The Veteran has provided sufficient evidence to establish that his hypertension and sinusitis were present within one year of his separation from active duty, meeting the criteria for presumptive service connection under VA regulations.,VA treatment records indicate a history of knee instability, which may warrant an additional rating based on instability. A new examination is necessary to assess this.
- Claimed conditions
- Hypertension, Sinusitis, Post-Traumatic Stress Disorder (PTSD), Post-Concussive Migraines, Left Knee Osteoarthritis, Right Knee Osteoarthritis, Lumbar Spondylosis, Bilateral Hearing Loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2019
- Citation
- 19101348
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 remands the claims for service connection for diabetes mellitus type II and hypertension, to include as secondary to left orchiectomy, for further development in accordance with the PACT Act.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an initial rating in excess of 50 percent for PTSD, entitlement to TDIU, and SMC based on housebound status.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
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