The Veteran's appeals for increased ratings and TDIU are remanded due to the need for additional examinations and records. The issues of rating left foot cold injury, right foot cold injury, right thumb osteoarthritis, and knee disabilities remain pending.
The deciding factor: Additional evidence is needed to determine the extent of functional loss during flare-ups and to assess the Veteran's current range of motion in her knees and thumb.
- Claimed conditions
- Cold Injury Residuals (left foot), Cold Injury Residuals (right foot), Osteoarthritis of the right metacarpophalangeal joint (thumb), Right Knee Osteoarthritis, Left Knee Degenerative Arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 23, 2020
- Citation
- 20080925
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.
- Partly granted
The Board denied an initial increased rating for diabetes mellitus type II and remanded the claims for service connection for obstructive sleep apnea, right shoulder strain with acromioclavicular joint osteoarthritis and tendinitis, cervical spine spondylosis, left knee degenerative arthritis, right knee degenerative arthritis, and thoracolumbar scoliosis and lumbar spine degenerative changes.
- Partly granted
The Board granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected hypertension and an earlier effective date of May 14, 2018, for radiculopathy right lower extremity. Other claims were denied.
- Partly granted
The Board denied service connection for obstructive sleep apnea and erectile dysfunction, but granted an increased rating of 40 percent for a low back disability (intervertebral disc syndrome) and 20 percent for bilateral lower extremity radiculopathy.
- Denied
The Veteran's claim for specially adapted housing was denied as he does not meet the criteria due to his ability to independently ambulate with the use of braces.
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