The Board has remanded the claims for service connection and secondary service connection due to conflicting medical opinions regarding the Veteran's right rib disability, right elbow disabilities, and left elbow disability. The issues are being reviewed again with additional clarification from VA examiners.
The deciding factor: The decision is based on conflicting medical opinions regarding whether the Veteran's conditions are related to his military service or if they were aggravated by pre-existing conditions.
- Claimed conditions
- Right Rib Disability (hypoplastic 12th rib), Right Elbow Olecranon Spur, Right Elbow Lateral Epicondylitis, Left Elbow Lateral Epicondylitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 1, 2022
- Citation
- 22066991
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 22066991.
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 Veteran's right elbow lateral epicondylitis has been rated at 10 percent disabling since October 6, 2020. The Board finds that the evidence does not support a higher rating due to functional impairment during flares or with repetitive use.
- Granted
The Veteran's TDIU and SMC at the housebound rate are granted due to his service-connected PTSD, which is rated as 70 percent disabling since June 16, 2016. The additional disabilities do not meet the criteria for a single disability rated at 100%.
- Denied
The Veteran's left elbow lateral epicondylitis was found to not warrant an initial rating in excess of 30 percent for limitation of flexion, and not meet the criteria for a higher rating based on limitation of supination/pronation or extension. The Board determined that the evidence did not show the required functional impairment.
- Granted
The Veteran is granted special monthly compensation (SMC) at the increased level due to his need for regular aid and attendance as a result of service-connected TBI residuals, which would require hospitalization or institutional care if not provided by his wife.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.