The Board has determined that the Veteran's claims for compensation pursuant to 38 U.S.C. § 1151 for right middle finger, right knee, and left knee disabilities are remanded due to inadequate notice of evidence needed to substantiate his claims, missing informed consent documents, and need for VA examinations.
The deciding factor: The Board found that the Veteran's claims were not properly notified of the necessary evidence to support his claims for compensation under 38 U.S.C. § 1151 due to incomplete documentation and lack of proper notice.
- Claimed conditions
- Right Middle Finger Disability, Right Knee Disability, Left Knee Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 12, 2019
- Citation
- 19145493
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.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board granted increased ratings for the Veteran's left and right knee disabilities, including separate ratings for instability and meniscal conditions, but denied higher ratings for flexion limitations in both knees. The Board also granted a total disability rating based on individual unemployability due to service-connected disabilities prior to December 1, 2021.
- Partly granted
The Board granted a 30 percent evaluation for tension headaches effective September 13, 2022, but denied earlier effective dates and service connection for various conditions.
- Partly granted
The Board granted service connection for obstructive sleep apnea and insomnia, but denied service connection for right knee disability, left knee disability, right ankle disability, intestinal condition (chronic colitis), and chronic migraine disability.
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