The Veteran's right elbow disability is currently rated at 10 percent, and the Board finds no basis for a higher rating.,Prior to September 27, 2018, the Veteran's back disability was rated at 10 percent. The Board finds that a higher rating is not warranted based on the evidence of record.
The deciding factor: The right elbow disability does not meet or approximate the criteria for a higher rating under DC 5206.,For the period prior to September 27, 2018, the Veteran's back disability did not result in incapacitating episodes that would warrant a higher rating based on IVDS.
- Claimed conditions
- Right Elbow Disability, Back Disability, Radiculopathy of the Left Lower Extremity, Radiculopathy of the Right Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 5, 2019
- Citation
- 19126095
Veterans Law Judge
Decisions by this judge: 2,341 · Granted: 33% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19126095.
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 has determined that the Veteran's current right shoulder disability is not related to service, but the right elbow disability requires further review due to a duty-to-assist error in obtaining an inadequate medical opinion.
- Remanded (sent back)
The Board has determined that the VA rating decision denying service connection for a right knee disability and a back disability is not supported by adequate medical opinions, and thus remands the case for further development.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection of a left knee disability, back disability, and left elbow disability must be remanded due to inadequate VA examinations. The Veteran provided lay reports of symptoms but the VA examiners did not consider these reports in their conclusions.
- Remanded (sent back)
The Board has remanded the issues of service connection for right eye, left eye, left knee, and back disabilities due to conflicting statements from the Veteran and inconsistencies in his medical records.
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