The Board has remanded the claims for service connection for right elbow bone spurs, left elbow bone spurs, and a respiratory disability (bronchitis) due to duty to assist errors. The Veteran must be afforded VA examinations to determine the nature and etiology of his elbow disabilities and respiratory conditions.
The deciding factor: The Board found that there were duty to assist errors in not affording the Veteran with VA examinations for his elbow and respiratory disabilities, which are necessary to establish service connection.
- Claimed conditions
- right elbow bone spurs, left elbow bone spurs, respiratory disability, to include bronchitis
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- December 17, 2020
- Citation
- A20018818
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A20018818.
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 claim for a new medical opinion regarding the nature and etiology of the Veteran's left elbow bone spurs, including whether it is related to or caused by his service-connected gout.
- Remanded (sent back)
The Board has decided to remand the cases for further development and examination due to unclear medical opinions regarding the Veteran's thoracic spine disability and respiratory disability, including bronchitis.
- Granted
The Veteran's service connection claims for left elbow condition, low back condition, and major depressive disorder have been granted. His claim for high cholesterol was denied as it is not a compensable disability. The Veteran's increased rating for major depressive disorder has been granted to 70 percent effective April 23, 2010.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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