The Board has ordered the case to be remanded for further development and consideration, including an analysis of whether the presumption of soundness has been rebutted.
The deciding factor: The decision must begin with an analysis of whether the presumption of soundness has been rebutted, first asking whether clear and unmistakable evidence shows that a bilateral knee disorder preexisted service and only then addressing the question of whether such a disorder was aggravated by service.
- Claimed conditions
- bilateral knee disorder
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 24, 2006
- Citation
- 0608716
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.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disorder with radiculopathy of the lower extremities and bilateral hip and knee disorders due to the need for VA examinations.
- Denied
The Board denied service connection for lumbar spine, bilateral knee, hip, shoulder, and ankle disorders as they are not shown to be causally or etiologically related to any disease, injury, or incident during service.
- Denied
The Board denied the veteran's claims for service connection for a left ankle disorder, bilateral knee disorder, scars, and left shoulder disorder as there was no evidence of current disabilities during or related to active service.
- Dismissed
The Veteran withdrew the appeals seeking to reopen service connection claims for PTSD, bilateral knee, and back disorders on the basis of new and relevant evidence.
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