The Board has vacated its previous decision dismissing the appeal of service connection for bilateral knee and sinus conditions. The right knee condition is remanded for a new examination, while the sinus condition requires an opinion on whether it had its onset in service.
The deciding factor: The Board found that there was a denial of due process as the AOJ had already made an initial substitution determination regarding the appellant as the surviving spouse and dismissed the appeal erroneously.
- Claimed conditions
- bilateral knee condition, sinus condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2019
- Citation
- 19177492
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 service connection for a deviated septum and chronic sore throat, dismissed the issue of a sinus condition, and remanded claims for asthma, hypertension, and irritable bowel syndrome.
- Remanded (sent back)
The claims for service connection for cervical strain, back condition, bilateral knee condition, and left humerus bone tumor are remanded due to the need for further clarification of the Veteran's service dates and outstanding medical records.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, finding that the evidence did not support a finding of a causal relationship between the claimed conditions and active duty service.
- Denied
The Board denied service connection for tinnitus, bilateral hearing loss, bilateral pes planus (flat feet), bilateral ankle condition, bilateral knee condition, and lower back condition as there was no evidence of a current disability or that the disabilities were related to the Veteran's military service.
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