The Board has determined that the Veteran's service-connected disabilities preclude him from securing and following a substantially gainful occupation, granting entitlement to TDIU. The right knee disability claim is remanded for further development.
The deciding factor: The Veteran’s service-connected disabilities include conditions such as obstructive sleep apnea, PTSD, degenerative joint disease of the left knee with instability, residuals status post injury and surgical repair of the right ankle, tinnitus, bilateral pes planus, residuals status post laceration of the right ring finger, and residual scar status post laceration of the right ring finger. His combined service-connected schedular rating is 70% from March 26, 2011, and 80% from July 27, 2012.
- Claimed conditions
- right knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2019
- Citation
- 19107359
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 tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- 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.
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