The Board remands the issues of entitlement to service connection for disabilities of the third digit of the right hand, right foot, and right shoulder, as well as ratings in excess of 20 percent for a right shoulder disability and in excess of 10 percent for right knee disabilities.
The deciding factor: Good cause was shown for failing to appear at previously scheduled VA examinations due to conflicting information regarding their necessity.
- Claimed conditions
- Disability of the third digit of the right hand, Right foot disability, Right shoulder sprain and strain, and fracture of the clavicle, Right knee strain, Right knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2023
- Citation
- 23000898
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 granted a separate 10 percent rating for right knee instability but denied an initial rating in excess of 10 percent for degenerative arthritis of the right knee.
- Partly granted
The Board granted a 30 percent rating for right knee instability and a 20 percent rating for painful and/or limited motion of the right knee, but denied a higher rating for degenerative arthritis of the right knee.
- Denied
The Board denied ratings in excess of 10 percent for the veteran's left hamstring and right knee conditions, as well as a TDIU claim.
- Partly granted
The Board denied service connection for bilateral hearing loss and tinnitus, while remanding claims for depression, anxiety, sleep disorder, right knee strain, left knee strain, and lumbar spine strain.
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