The Board has remanded the claims of service connection for a left leg disability, cervical spine disability, and left elbow disability due to inadequate opinions in previous VA examinations. The Veteran is required to undergo additional examination(s) to determine if his disabilities are related to service.
The deciding factor: The previous VA examiners' opinions were based on inaccurate factual predicates, as evidenced by the presence of documented conditions in service records that contradict their conclusions.
- Claimed conditions
- left leg tendonitis, cervical spine degenerative disease, left elbow epicondylitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2019
- Citation
- 19180530
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 cervical spine degenerative disease, cervical strain, left upper extremity radiculopathy, right upper extremity radiculopathy, and migraine and occipital headaches. Service connection was denied for bilateral pes planus, papillary thyroid carcinoma, status post partial left thyroidectomy, and left foot hallux valgus.
- Denied
The Board denied the veteran's claims for initial compensable disability ratings and service connection for various conditions, including supraventricular arrhythmia and Wolff-Parkinson-White syndrome, erectile dysfunction, left groin scar, bilateral hearing loss, chronic fatigue syndrome, left elbow epicondylitis, and multiple concussions.
- Dismissed
The appeal for revision of a December 2007 rating decision that denied service connection for a left knee condition was dismissed due to the premature filing of a disagreement with a deferred adjudication. The appeals for CUE in ratings assigned for degenerative arthritis of the left hip, right knee, and left elbow were denied.
- Granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance of another person due to service-connected disabilities other than traumatic brain injury (TBI) with posttraumatic stress disorder (PTSD).
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.