The Board remands several service connection and increased rating claims for further development of the evidence.
The deciding factor: The record shows in-service reports of bilateral knee pain, abnormal lung field findings, and symptoms related to gastroesophageal and gastrointestinal conditions. The VA examinations were found inadequate due to lack of nexus opinions or diagnostic testing.
- Claimed conditions
- bilateral knee disability, right ear hearing loss, lung condition, stomach condition, intestinal condition, obstructive sleep apnea (OSA), pilonidal cyst, tinea pedis, two superficial linear scars of the anterior and posterior trunk, tender/painful scar of the posterior trunk, lumbar spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2022
- Citation
- 22000941
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.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Remanded (sent back)
The Board remands the service connection claim for a bilateral knee disability to correct a pre-decisional duty to assist error, including scheduling an additional VA examination.
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