The Veteran's claim for a higher rating for his right elbow disability, including the history of fracture of the right radius, is being remanded due to an inadequate VA examination. The Board needs to obtain a new medical examination and provide clarification on functional loss.
The deciding factor: The February 2018 VA examiner was unable to assess additional limitation(s) of the Veteran's right elbow with repeated use over time and due to flare-ups, which is required for proper evaluation of his disability.
- Claimed conditions
- right elbow osteoarthritis, history of fracture of the right radius
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 28, 2019
- Citation
- 19150807
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.
- Granted
The Board granted service connection for multiple joint conditions, including left and right shoulder acromioclavicular joint osteoarthritis, elbow osteoarthritis, ankle strain, hip strain, and wrist strain.
- Partly granted
The Board granted service connection for left elbow osteoarthritis, right elbow osteoarthritis, and right shoulder torn rotator cuff as secondary to the Veteran's service-connected right shoulder tendonitis with glenohumeral joint osteoarthritis and acromioclavicular joint osteoarthritis. The rating was restored from 20% to 30%, and a 40% disability rating for the right shoulder condition was granted.
- Partly granted
The Board granted service connection for right elbow osteoarthritis and remanded the claims for higher ratings for left and right knee osteoarthritis.
- Granted
The Board granted service connection for multiple osteoarthritis conditions, headaches, an acquired psychiatric disorder, diabetes mellitus, sleep apnea, and gout based on the evidence showing a relationship to the Veteran's active duty service.
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