The Veteran's claims for service connection are denied due to lack of current disability. The issues of increased ratings and service connection for various disabilities remain pending.
The deciding factor: Service connection can only be granted if there is a current disability, which the Veteran does not have with respect to his positive PPD test alone.
- Claimed conditions
- A positive purified protein derivative (PPD) test during active service, which the Veteran took a six-month course of medication for., Left rib area pain since 2005, with no rib abnormalities found on physical examination and X-ray studies. The Veteran self-medicates weekly., Cerumen impaction in both ears, which the Veteran asserts is related to service-connected Eustachian tube dysfunction., Service-connected allergic rhinitis with upper respiratory symptoms that have worsened since the last VA examination., Right shoulder sprain residuals, which the Veteran asserts warrant an initial rating in excess of 10 percent., Lumbar spine strain residuals, which the Veteran asserts warrant an initial rating in excess of 10 percent., Right knee patellofemoral syndrome, which the Veteran asserts warrants an initial rating in excess of 10 percent., Left ankle sprain residuals, which the Veteran asserts warrant an initial rating in excess of 10 percent., Service-connected flu residuals, which the Veteran asserts are related to service-connected allergic rhinitis and warrant an initial compensable rating.
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 5, 2019
- Citation
- 19126024
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.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation from July 7, 2017, but no earlier, to July 26, 2019, and he was granted basic eligibility for DEA benefits during the same period.
- Denied
The Board denied the veteran's claims for increased ratings and special monthly compensation, finding that the evidence did not support a higher evaluation at any point during the appeal period.
- Partly granted
The Board granted increased ratings for intervertebral disc syndrome, left and right ankle disabilities but remanded the claims for other joint conditions due to insufficient evidence.
- Partly granted
The Board granted a 70 percent evaluation for PTSD, service connection for left and right knee instability and locking, but remanded evaluations for left and right knee patellofemoral syndrome and limitation of flexion as well as the TDIU claim.
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