The Veteran's gouty arthritis of the left foot is granted with a 20% rating from September 17, 2008 to May 7, 2015. An initial rating in excess of 20 percent for gouty arthritis of the left foot at any time during the appeal period is denied. The Board has remanded issues regarding service connection for right and left knee disorders as well as TDIU.
The deciding factor: The Veteran's symptoms were consistent with a 20% rating based on one or two exacerbations per year in a well-established diagnosis, but not higher due to lack of definite impairment of health or incapacitating exacerbations occurring more than three times a year. The Board found the evidence insufficient to support a higher rating.
- Claimed conditions
- gouty arthritis of the left foot, right knee disorder, left knee disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 22, 2019
- Citation
- 19130765
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.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Remanded (sent back)
The Board remands the claims for service connection for PTSD, diabetes mellitus, type II, migraines, left and right knee disorders, and obstructive sleep apnea due to missing military records and inadequate examinations.
- Remanded (sent back)
The Board remands the claims for service connection for right and left knee disorders to obtain a new examination that adequately addresses all pertinent evidence of record.
- Dismissed
The appeal for service connection for rheumatoid arthritis was dismissed due to a untimely notice of disagreement. The left knee disorder claim is remanded for further action.
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