The Board remands the claims for initial compensable disability ratings for various service-connected orthopedic conditions due to inadequate medical examinations.
The deciding factor: The decision is based on a failure to obtain an adequate medical examination and opinion that complies with the holding in Sharp v. Shulkin, 29 Vet. App. 26 (2017), which requires information about the severity, frequency, duration, precipitating and alleviating factors, and extent of functional impairment of flares from the veterans themselves.
- Claimed conditions
- right elbow olecranon tendinitis with supination and pronation, right elbow olecranon tendinitis 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
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.
- Remanded (sent back)
The Board remands the increased rating claims for the Veteran's bilateral knee disabilities for additional development, including a new VA examination to assess the current severity and manifestations of her service-connected bilateral knee disability.
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