The Board remands the claim for service connection for right elbow arthritis due to a pre-decisional duty to assist error, as no VA examination was conducted despite evidence suggesting a link between the Veteran's current condition and her military service.
The deciding factor: A medical examination is necessary because the elements of McLendon v. Nicholson are satisfied, including a current diagnosis, an in-service event, and an indication that the disability may be related to service, but there is insufficient competent evidence on file for the Secretary to make a decision on the claim.
- Claimed conditions
- right elbow arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2024
- Citation
- A24066747
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 Board denied all claims for increased ratings and earlier effective dates, except for the grant of an earlier effective date for total disability due to individual unemployability (TDIU) and eligibility for Dependents' Educational Assistance based on permanent and total disability status.
- Remanded (sent back)
The Board remands the claims for service connection for multiple arthritic conditions as further development is needed.
- Dismissed
The appeal for service connection for bilateral carpal tunnel syndrome, bilateral knee arthritis and right elbow arthritis was withdrawn by the Veteran.
- Remanded (sent back)
The appeal for a rating in excess of 10 percent for left elbow olecranon bursitis was withdrawn, and the claims for increased ratings and earlier effective dates for right elbow arthritis and residuals of a fractured right elbow were remanded.
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