The appeal of the issue regarding service connection for a left elbow disorder is dismissed. The remaining issues on appeal are remanded.
The deciding factor: There is no longer any issue regarding an error of fact or law before the Board as to the issue of whether new and material evidence has been received to reopen the previously denied claim for entitlement to service connection for a left elbow disorder, and the Board finds that the appeal of that issue should be dismissed.
- Claimed conditions
- left elbow disorder, hemorrhoids, left Achilles tendon strain, left 2nd and 3rd finger frostbite, atrial fibrillation, left ankle instability, right ankle instability, pruritis ani
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2019
- Citation
- 19185563
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 appeal regarding the Veteran's entitlement to an initial compensable evaluation for atrial fibrillation is remanded due to unclear evidence on whether continuous medication is required for its control.
- Denied
The Board denied service connection for chronic kidney disease, atrial fibrillation, hiatal hernia, COPD, and prostate cancer as a result of toxic exposure during the Veteran's military service.
- Remanded (sent back)
The Board remands the claim for service connection for hemorrhoids due to a pre-decisional duty to assist error, requiring an additional direct medical opinion.
- Granted
The Board granted a 10 percent rating for hemorrhoids, which fully satisfies the Veteran's appeal.
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.