The Board has determined that the Veteran's February 2018 submission does not meet the criteria for an effective complete withdrawal of his appeal. The issues on appeal include a temporary total rating for right leg status post TKA and entitlement to a minimum rating of at least 30 percent for right leg status post TKA from October 1, 2016 to September 5, 2017. The Board has also determined that remand is necessary to provide the Veteran with an adequate examination and to fully develop his claim.
The deciding factor: The February 2018 submission did not meet the criteria for a complete withdrawal of the appeal as it did not specify that the appeal was withdrawn in its entirety or list all issues on appeal. The Board also found that remand is necessary due to the need for an adequate examination and development of his claim.
- Claimed conditions
- {"condition_name":"Right Leg Disability"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 21, 2020
- Citation
- 20080152
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
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