The Board has remanded the case due to non-compliance with prior remand directives. The Veteran's increased rating claims for lumbar spine, left and right knee disabilities, and right shoulder derangement are still pending.
The deciding factor: The AOJ must obtain additional VA examinations in compliance with previous remand directives to address functional loss during flare-ups and repeated use.
- Claimed conditions
- Degenerative joint disease of the lumbar spine, Arthritis of the left knee, Arthritis of the right knee, Right shoulder derangement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2020
- Citation
- 20066932
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 degenerative joint disease of the lumbar spine, right and left lower extremity neurological disorders, and right and left hip disabilities as they were not shown to be caused or aggravated by the Veteran's service or a service-connected disability.
- Remanded (sent back)
The Board remands the claims for further development and clarification regarding the severity of the Veteran's left knee and right knee disabilities, specifically to determine if the Veteran has experienced 'the functional equivalent of range of motion loss contemplated by the next higher rating' at any point during the appeal period.
- Partly granted
The Board granted an initial evaluation of 20 percent for degenerative joint disease of the lumbar spine prior to December 28, 2010, and denied a rating in excess of 40 percent as of that date.
- Partly granted
The Board granted an earlier effective date of September 14, 2018, for the award of a 40 percent disability rating for service-connected degenerative joint disease of the lumbar spine but denied entitlement to TDIU.
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