The Board has remanded the claims for initial compensable disability ratings for various elbow and knee conditions due to a lack of information regarding the frequency, severity, duration, and characteristics of flare-ups during VA examinations.
The deciding factor: The VA examiners did not obtain sufficient information about the Veteran's flare-ups as required by the Court's holding in Sharp v. Shulkin, which could affect the determination of disability ratings for painful motion conditions.
- Claimed conditions
- right elbow olecranon tendinitis with supination and pronation, right elbow olecranontenditis with limitation of extension, left elbow olecranon epicondylitis with supination and pronation, left elbow olecranon epicondylitis with limitation of extension, right knee degenerative arthritis with limitation of extension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2024
- Citation
- A24072673
Veterans Law Judge
Decisions by this judge: 1,421 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A24072673.
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 higher rating of 30 percent for right shoulder arthritis effective February 1, 2024, and denied ratings higher than 20 percent for left shoulder arthritis, higher than 20 percent for degenerative arthritis with degenerative disc disease, higher than 10 percent for right knee limitation of flexion, higher than 10 percent for right knee instability, and an initial rating in excess of 70 percent for PTSD.
- Denied
The Board denied the Veteran's appeal for an earlier effective date for the grant of an increased 40 percent rating for right knee degenerative arthritis with limitation of extension, as well as other related claims.
- Denied
The Board denied service connection for dry mouth, allergies, and increased ratings for BPPV, chronic constipation, right hip degenerative joint disease, and right knee degenerative arthritis. The claims for erectile dysfunction, migraine headaches, and tailbone pain were remanded.
- Dismissed
The Veteran's appeals for increased ratings and effective dates have been dismissed as he has withdrawn his appeal.
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