The Veteran's increased rating claim for right knee osteoarthritis and osteochondritis dessicans was denied. The TDIU claim is remanded due to its inextricability with the ongoing increased rating claims.
The deciding factor: The decision on the increased rating claim has been made, but the TDIU claim cannot be decided without first addressing the increased rating claims as they are interrelated and could significantly impact a decision on the TDIU claim.
- Claimed conditions
- right knee osteoarthritis, left ribs and back pain, cervical spine disability, left clavicle disability, right upper extremity cervical radiculopathy, left parietal scar, left pneumothorax
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2019
- Citation
- 19186447
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 a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
- Granted
The Board granted service connection for multiple disabilities, including cervical spine and thoracolumbar spine disabilities, radiculopathies, a bladder disability, headaches, a left knee disability, an acquired psychiatric disorder, and bilateral conjunctivitis. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disability.
- Remanded (sent back)
The Board remands the claim for a cervical spine disability to obtain an addendum medical opinion addressing the Veteran's in-service treatment for pack palsy with residual weakness.
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