The Board has remanded the claims for service connection for a left knee disability and an initial rating higher than 10 percent for residuals of a left ankle fracture, as well as the effective date issue. The Veteran's current left knee disability is being examined to determine its etiology, and his left ankle disability is being evaluated for severity.
The deciding factor: The Board found that the earlier effective date claim is inextricably intertwined with the motion for revision or reversal based on clear and unmistakable error (CUE) in the March 2002 rating decision. Therefore, consideration of the earlier effective date claim is deferred pending the outcome of the CUE claim.
- Claimed conditions
- left knee disability, healed left ankle fracture
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2019
- Citation
- 19103803
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.
- Partly granted
The Board granted service connection for right knee, right hip, and lumbar spine disabilities as secondary to the Veteran's service-connected left knee disability but denied a rating in excess of 30 percent for his left knee disability prior to April 25, 2019.
- Granted
The Board granted service connection for multiple disabilities, including cervical spine and thoracolumbar spine disabilities, radiculopathies, a bladder disability, headaches, a left knee disability, an acquired psychiatric disorder, and bilateral conjunctivitis. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disability.
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