The Board has reopened the Veteran's previously denied claims for service connection of a back disability, right shoulder disability, and right knee disability. However, these claims are still pending as they have been remanded due to the need for additional medical examinations.
The deciding factor: The decision is based on new evidence received since previous denials that relates to an unestablished fact necessary to substantiate the claims (current disabilities).
- Claimed conditions
- Back disability, Right shoulder disability, Right knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 18, 2019
- Citation
- 19147561
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 chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Partly granted
The Board granted an initial rating of 20 percent for right lower extremity (RLE) radiculopathy but remanded the back disability claim for further development.
- Denied
The Board denied the Veteran's appeal for increased ratings for right and left shoulder disabilities, as the evidence did not support a higher rating under applicable criteria.
- Denied
The Board denied service connection for various disabilities, including an acquired psychiatric disability, headaches, a back disability, heart disability, and residuals of a stroke, as the evidence did not support a finding that these conditions were related to the Veteran's active service or caused by his service-connected left ear disabilities.
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