The Board remands the claims for a disability rating in excess of 20 percent for the left shoulder, and in excess of 10 percent for the left knee and left elbow, as well as an inferred claim for TDIU due to service-connected disabilities, for additional development.
The deciding factor: The July 2018 examinations are incomplete for rating purposes due to lack of information about flare-ups and updated VA treatment records have not been associated with the claims file.
- Claimed conditions
- left shoulder impingement syndrome with acromioclavicular arthritis, left knee medial meniscal tear, left elbow olecranon bursitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2021
- Citation
- 21062321
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.
- Granted
The Board granted ratings of 30 percent or higher for the Veteran's cervical spine degenerative arthritis, lumbar spine osteoarthritis with intervertebral disc syndrome, right shoulder strain, left elbow olecranon bursitis, right elbow olecranon bursitis, and headaches. Service connection was also granted for irritable bowel syndrome (IBS) under the PACT Act.
- Partly granted
The Board granted increased ratings for left elbow olecranon bursitis, left and right knee flexion, and left knee instability, as well as service connection for depression. However, it denied increased ratings for the left elbow prior to July 19, 2022, and a compensable rating for the right knee patellofemoral syndrome.
- Remanded (sent back)
The Board remands the claim for a VA examination to determine if the Veteran's bilateral knee disorders are related to his service-connected disabilities.
- Remanded (sent back)
The appeal for a rating in excess of 10 percent for left elbow olecranon bursitis was withdrawn, and the claims for increased ratings and earlier effective dates for right elbow arthritis and residuals of a fractured right elbow were remanded.
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