The Board remands the veteran's claims for further development, specifically addressing a request for an in-person Decision Review Officer (DRO) hearing.
The deciding factor: Remand is required to ensure due process regarding the Veteran's request for a DRO hearing after the November 2023 Supplemental Statement of the Case.
- Claimed conditions
- left elbow disability, chondromalacia patella of the left knee
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2024
- Citation
- 24000575
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 service connection for various musculoskeletal conditions of the left and right hands, shoulders, elbows, wrists, knees, ankles, and foot, but granted service connection for a right knee disability and fibromyalgia. The decision was based on medical evidence that did not support a link between these conditions and the Veteran's military service.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
- Partly granted
The veteran's claims for service connection for various conditions were denied, except for tinnitus and bilateral hearing loss disability which were granted. The veteran was also granted service connection for hypertension.
- Partly granted
The Board denied an earlier effective date for the award of service connection for hypertension, a compensable rating for hypertension, and service connection for various conditions including PTSD, right ankle disability, left elbow disability, headaches, erectile dysfunction, but granted service connection for headaches and erectile dysfunction as secondary to hypertension, and special monthly compensation based on loss of use of a creative organ.
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