The Board granted service connection for a neck disability and a left knee disability, resolving reasonable doubt in the Veteran's favor. The right shoulder, left shoulder, right hand, and left hand conditions are remanded for further development.
The deciding factor: The VA examiner's opinion failed to fully consider the lay statements from the Veteran and his wife regarding ongoing pain since service, leading to a grant of service connection based on direct evidence of in-service injury and continuity of symptoms. The right shoulder, left shoulder, right hand, and left hand conditions are remanded for an adequate medical opinion.
- Claimed conditions
- Degenerative arthritis of the cervical spine, Degenerative arthritis of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 9, 2024
- Citation
- 24001412
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted an initial disability rating of 30 percent for degenerative arthritis of the cervical spine but denied a total disability rating based on individual unemployability (TDIU).
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for degenerative arthritis of the cervical spine and entitlement to total disability based on individual unemployability (TDIU) due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board remands the claim for a new VA examination to address whether the Veteran's degenerative arthritis of the cervical spine is secondary to his service-connected right shoulder disability.
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