The veteran's claims for increased ratings for right knee retropatellar pain syndrome and bilateral shin splints are being remanded for a new VA examination to determine the current severity of these conditions.
The deciding factor: The December 2006 VA examination is not considered thorough enough, as it did not evaluate the veteran's condition after physical activity which increases the severity of his conditions. The veteran should be given an opportunity to report to a new VA examination.
- Claimed conditions
- retropatellar pain syndrome, right knee, bilateral shin splints
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2009
- Citation
- 0903334
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 40 percent rating for the Veteran's low back disability and a 10 percent rating for bilateral shin splints, while denying increased ratings for other disabilities.
- Denied
The Board denied the veteran's claims for service connection and increased ratings, as well as remanded certain issues.
- Denied
The Board denied service connection for bilateral shin splints and left knee osteoarthritis as the evidence did not support a finding that these conditions were related to the Veteran's military service.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, dismissing or denying all appeals.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.