The Board has determined that a new VA orthopedic examination is needed to determine if the veteran's service-connected disabilities alone are of sufficient severity to prevent him from securing and following any substantially-gainful employment. The RO should also obtain and associate with the claims folder copies of all treatment records for the veteran at Fort Wayne, Indiana VAMC from November 2007 to the present time.
The deciding factor: The Board finds that a new VA orthopedic examination is needed due to unclear evidence regarding whether the veteran's service-connected disabilities alone are sufficient to prevent him from securing and following any substantially-gainful employment.
- Claimed conditions
- residuals of a right knee meniscectomy, right knee degenerative joint disease (DJD), left knee DJD, lumbar strain, degenerative disc disease (DDD), spondylosis, and facet joint arthritis, residuals of a left ring finger fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 20, 2008
- Citation
- 0828190
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 0828190.
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 the Veteran's claims for revision of a March 2009 rating decision that denied service connection for left knee DJD secondary to right knee DJD and granted a 30 percent rating for PTSD. The Veteran argued CUE in both decisions, but the Board found no evidence of CUE.
- Denied
The Board denied the Veteran's claims for revision of a March 2009 rating decision that denied service connection for left knee DJD secondary to right knee DJD and granted a 30 percent rating for PTSD. The Veteran argued CUE in both decisions, but the Board found no evidence of CUE.
- Remanded (sent back)
The Board has decided to remand the case for further adjudication due to new and relevant evidence received, which suggests that the Veteran's right knee DJD may be secondary to his service-connected left knee DJD.
- Granted
The Veteran's service-connected left leg shrapnel injury is found to have resulted in left knee DJD. The Veteran meets the criteria for SAH due to his service-connected disabilities, which require constant use of a walker or cane for ambulation.
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