The Veteran's kidney stones are found to be related to his service, and he is granted service connection for this condition.,His Graves Disease does not warrant a rating in excess of 10 percent as it did not manifest with tachycardia or increased pulse pressure. The issue of entitlement to an initial compensable evaluation for right elbow lateral epicondylitis and left elbow lateral epicondylitis is remanded.,The Veteran's service-connected right hand strain, left elbow lateral epicondylitis, right leg shin splints, and left leg shin splints with left ankle status post ORIF fracture and scar are all remanded for further evaluation.
The deciding factor: Service connection is granted as the evidence shows that the Veteran developed kidney stones while on active duty and has continued to experience this disability following his separation from service.,The Veteran's Graves Disease did not manifest with tachycardia or increased pulse pressure, which are required for a 30 percent rating under DC 7900. Therefore, he is not entitled to an initial rating in excess of 10 percent.,Further inquiry should be conducted into whether the Veteran had pre-service right-hand condition and if it worsened during service.
- Claimed conditions
- kidney stones, Graves Disease, right hand strain, right elbow lateral epicondylitis, left elbow lateral epicondylitis, right leg shin splints, left leg shin splints
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2019
- Citation
- 19105125
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 supraventricular arrhythmias, basal cell carcinoma, kidney stones, and COPD as the AOJ failed to substantially comply with prior remand directives.
- Partly granted
The Board denied service connection for upper chest wall pain and right sciatic radicular pain, while remanding claims for secondary service connection involving the feet, legs, and ankles.
- Denied
The Board denied service connection for left hip strain, right hip strain, cervical strain, kidney stones, right elbow tendonitis, and left knee strain as the evidence did not support a finding that these conditions were incurred in or caused by active military service.
- Denied
The Board denied service connection for right foot plantar fasciitis, left ankle achilles tendinopathy, post-traumatic (concussion) headaches, and TBI. The appeal for an earlier effective date was also denied.
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