The Board has remanded the Veteran's claims for service connection for a respiratory disorder and left knee degenerative joint disease due to new evidence received since the last final denial.
The deciding factor: New evidence received since the last final denial raises a reasonable possibility of substantiating the claim of entitlement to service connection for these conditions.
- Claimed conditions
- left knee degenerative joint disease, respiratory disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2019
- Citation
- 19105002
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 earlier effective dates for the award of service connection and denied increased ratings for various disabilities, but granted a separate rating for left upper extremity radiculopathy from October 20, 2020.
- Partly granted
The Board granted service connection for bilateral hearing loss, tinnitus, back disability, bilateral achilles tendonitis, gout, diabetes mellitus, type 2 (DMII), obstructive sleep apnea, and an acquired psychiatric disorder, to include anxiety and depression. The Board denied increased ratings for right and left knee degenerative joint disease, separate ratings for instability of the knees, a separate rating for residuals of a right knee meniscectomy, and service connection for bilateral leg pain, posttraumatic stress disorder (PTSD), chronic sinus disability, respiratory disability due to exposure to asbestos, heart murmur, irregular heartbeat, and seizures.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a pre-decisional duty to assist error.
- Denied
The Board denied the veteran's claims for higher initial ratings for his service-connected bilateral knee disabilities and SMC based on loss of use of the bilateral lower extremities.
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