The Board has remanded the claims for increased ratings for the Veteran's right elbow and forearm disabilities, as well as his left elbow disability due to lack of recent VA examination. The Veteran is also entitled to a rating in excess of 10 percent for subclinical ulnar nerve irritation involving the cubital tunnel (claimed as left elbow pain) beginning March 28, 2016.
The deciding factor: The Board found that there was insufficient evidence regarding the current severity of the Veteran's right elbow and forearm disabilities and his left elbow disability due to lack of recent VA examination. The Veteran is also entitled to a rating in excess of 10 percent for subclinical ulnar nerve irritation involving the cubital tunnel (claimed as left elbow pain) beginning March 28, 2016.
- Claimed conditions
- subclinical ulnar nerve irritation involving the cubital tunnel (claimed as left elbow pain), chondromalacia, right elbow, limitation of pronation, right forearm
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 18, 2019
- Citation
- 19147560
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 denied a rating greater than 10 percent for right knee internal derangement, chondromalacia, and degenerative arthritis with painful motion, denied a compensable rating for the same condition with limited extension, but granted a 10 percent rating for right lateral knee instability.
- Granted
The Board grants service connection for a left knee disability, including degenerative arthritis, chondromalacia, and meniscus tear, based on the evidence showing current diagnoses and continuous symptoms since service.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss, chronic kidney disease, cell bladder carcinoma, hypertension, and various musculoskeletal issues, as the evidence did not support a finding that any of these conditions were incurred or aggravated during active duty for training.
- Denied
The Board denied service connection for right knee joint osteoarthritis and chondromalacia, finding no evidence of a chronic condition in service or within the applicable presumptive period. The claim was also denied based on a lack of medical nexus between the current disability and an in-service injury.
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