The Board has remanded the Veteran's claims for service connection due to new evidence received within a year of the previous rating decision. The issues include back, left knee, right knee, and shortening of the left leg disorders all claimed as secondary to his service-connected fracture of the distal left tibia.
The deciding factor: The Board found that additional relevant evidence was submitted within one year of the previous denial, warranting a de novo review. The Veteran's claims for increased ratings and service connection were remanded due to lack of opinions on whether the secondary disorders are related to his service-connected fracture of the distal left tibia.
- Claimed conditions
- Back disorder, Left knee disorder, Right knee disorder, Shortening of the left leg, Genital disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 25, 2019
- Citation
- 19149263
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.
- Denied
The Board denied the veteran's claims for annual clothing allowances for a left knee sleeve, A&D ointment, hydrocortisone cream, and incontinence briefs due to lack of service connection or evidence that these items cause irreparable damage to outer garments.
- Granted
The Board granted service connection for an acquired psychiatric disorder, a right knee disorder, and a lumbar spine disorder.
- Partly granted
The Board granted service connection for sleep apnea, a left knee disorder, gastroesophageal reflux disease (GERD), hiatal hernia, and diverticulitis. A 30 percent rating was also granted for the Veteran's generalized anxiety disorder effective February 26, 2021.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, service connection for an acquired psychiatric disorder, and service connection for right knee and right ankle disorders.
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