The Board has denied the Veteran's claim for service connection for a left elbow disability and remanded his claim for an initial evaluation in excess of 50 percent for major depressive disorder.
The deciding factor: The preponderance of evidence is against the Veteran’s claim for service-connected aggravation for a left elbow disability because there is no evidence of increase in severity during service.
- Claimed conditions
- left elbow disability
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2019
- Citation
- 19102804
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.
- Partly granted
The Board denied service connection for various musculoskeletal conditions of the left and right hands, shoulders, elbows, wrists, knees, ankles, and foot, but granted service connection for a right knee disability and fibromyalgia. The decision was based on medical evidence that did not support a link between these conditions and the Veteran's military service.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
- Partly granted
The veteran's claims for service connection for various conditions were denied, except for tinnitus and bilateral hearing loss disability which were granted. The veteran was also granted service connection for hypertension.
- Partly granted
The Board denied an earlier effective date for the award of service connection for hypertension, a compensable rating for hypertension, and service connection for various conditions including PTSD, right ankle disability, left elbow disability, headaches, erectile dysfunction, but granted service connection for headaches and erectile dysfunction as secondary to hypertension, and special monthly compensation based on loss of use of a creative organ.
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