The Board has remanded the Veteran's claims for increased ratings and TDIU, as well as service connection for back and hip conditions. The AOJ must obtain a VA examination and opinions to determine the current nature and severity of the knee disability and whether it permanently worsened any current back or right hip condition.
The deciding factor: The Board found that an adequate Supplemental Statement of the Case (SSOC) has not been provided, which constitutes a failure to comply with procedural due process.
- Claimed conditions
- osteoarthritis of the right knee, back disorder, right hip condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2019
- Citation
- 19187818
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.
- Denied
The Board denied service connection for the veteran's claimed conditions, including right shoulder arthritis, left shoulder arthritis, right hip condition, left hip condition, low back disability, and bilateral lower extremity radiculopathy, as there was no evidence of in-service injury or illness related to these conditions.
- Denied
The Board denied service connection for multiple conditions, including an ink/clothing allergy, ACL tears, hip and rib cage conditions, a supplemental deficiency/iron, an eye disability, and an overweight condition. The claim for an allowance for the purchase of an automobile or other conveyance was also denied.
- Remanded (sent back)
The Board remands the claims for service connection for a left hip condition, right hip condition, cervical strain, and back condition due to an incomplete duty to assist error in failing to afford the Veteran VA examinations.
- Dismissed
The veteran withdrew the appeal for all service connection and rating issues, and the Board has no jurisdiction to review these matters.
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.