The Veteran's appeal of entitlement to an earlier effective date for the grant of an increased rating for service-connected lumbar strain is dismissed.,Service connection for a left shoulder disability, right knee condition, and bilateral foot disability (claimed as fallen arches/flat feet) are denied due to lack of evidence linking these conditions to service or service-connected disabilities. Service connection for left leg reconstructive surgery is also denied.,The Veteran's right and left knee conditions are remanded for further evaluation.
The deciding factor: The Veteran withdrew his appeal regarding the earlier effective date for the increased rating for lumbar strain during a hearing, leaving only issues related to service connection as the active appeals.
- Claimed conditions
- left shoulder arthritis with full thickness cartilage thinning and large marginal osteophytes, right knee condition (medial meniscus tear status post arthroscopy with partial medial meniscectomy and debridement), left knee condition (medial meniscus tear with chondromalacia status post arthroscopy with partial medial meniscectomy and debridement)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 24, 2019
- Citation
- 19149135
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 right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Partly granted
The Board granted service connection for anxiety but denied it for sleep apnea, finding that the Veteran's sleep apnea was less likely than not related to his active service or service-connected acquired psychiatric condition.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
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