The Board has remanded the claims for service connection due to a pending claim under 38 U.S.C. § 1151 related to additional disability following a right knee total arthroplasty performed by VA in January 2012.
The deciding factor: The appellant's right knee total arthroplasty is still pending and could impact the service connection claims for his other disabilities.
- Claimed conditions
- residuals of a left total knee arthroplasty, thoracolumbar disability, an acquired psychiatric disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2019
- Citation
- 19184451
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.
- Remanded (sent back)
The Board remands the issues of entitlement to service connection for a cervical spine disability and thoracolumbar disability, as well as entitlement to Dependency and Indemnity Compensation (DIC) under 38 U.S.C. §1318, for further development.
- Dismissed
The appeal was dismissed due to the Veteran's death during its pendency.
- Denied
The Board dismissed the claims for service connection for a thoracolumbar disability, right and left hip disabilities, right and left ankle disabilities, bilateral hand disability characterized by freezing joints and weakness, skin disability to include warts, Lyme disease, short-term memory loss and lack of concentration, bilateral hearing loss, bilateral tinea pedis, eczema, respiratory disability, to include bronchitis, erectile dysfunction, cervical spine disability, chronic leg disabilities, right foot disability, left foot disability, left shoulder disability, right shoulder disability, gastrointestinal (GI) disability, and hypertension. The Board also remanded claims for service connection for a cervical spine disability, chronic leg disabilities, right foot disability, left foot disability, left shoulder disability, right shoulder disability, and hypertension.
- Remanded (sent back)
The Board has remanded the issues of service connection for cervical and thoracolumbar spine disabilities for accrued benefits purposes due to inadequate opinions in the previous VA etiology opinion.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.