The Veteran's claim for service connection for a right elbow disability has been reopened, and the Board has remanded the issue to allow for further development. The issues of increased ratings for left knee instability, limitation of extension, and limitation of flexion are also being remanded.
The deciding factor: New evidence was submitted that relates to an unestablished fact necessary to substantiate the claim for service connection for a right elbow disability.
- Claimed conditions
- Right elbow disability, Left knee instability, Left knee limitation of extension, Left knee limitation of flexion, Degenerative joint disease, to include ligament tear, of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2020
- Citation
- 20008123
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 issue of entitlement to a total disability rating based on individual unemployability (TDIU) for further development and readjudication.
- Partly granted
The Board denied ratings in excess of 10 percent for left and right knee patellofemoral pain syndrome but granted a separate 10 percent rating for left knee instability. The claim for service connection for a back disorder was remanded.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for left and right knee instability and limitation of flexion due to an inadequate VA examination.
- Partly granted
The Board granted a 40 percent rating for degenerative disc disease (DDD) with degenerative arthritis and retrolisthesis from February 16, 2021. Other claims were denied.
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