The Board remands the veteran's claims for a rating in excess of 10 percent or a compensable rating for gout affecting various fingers on both hands due to insufficient evidence regarding the severity of his condition.
The deciding factor: The VA examination report was found inadequate as it did not provide an estimate of additional loss of range of motion during flare-ups and with repeated use over time, which is necessary for a non-speculative opinion.
- Claimed conditions
- gout, left hand, index finger, gout, left hand, long finger, gout, left hand, thumb, gout, right hand, index finger, gout, right hand, long finger, gout, right hand, thumb, gout, left hand, ring finger, gout, left hand, little finger, gout, right hand, ring finger, gout, right hand, little finger
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2024
- Citation
- 24002338
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 an initial evaluation of 20 percent for left and right ankle strains, denied a compensable evaluation for bilateral hearing loss, and remanded claims for hypertension and gout.
- Denied
The Board denied the Veteran's claims for compensation under 38 U.S.C. §1151 for various disabilities due to treatment at a VAMC in April 2007, finding no evidence of additional disability caused by carelessness or negligence on VA's part.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes, sleep apnea, prostate cancer, urinary incontinence, residuals of gallbladder removal, gout and low back disability, as well as entitlement to a TDIU prior to April 20, 2023, due to inadequate medical opinions.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions to correct pre-decisional duty to assist errors, including obtaining outstanding Social Security Administration records.
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