The case is being remanded to obtain a VA medical opinion addressing the dispositive question of whether the Veteran's left knee disorder pre-existing service underwent substantial aggravation therein, in view of the Court's November 2007 Memorandum Decision requesting additional evidentiary findings on that issue, as well as to address recently obtained medical evidence on the subject.
The deciding factor: The Board is remanding this case for a VA examination by an orthopedist to determine whether the requirements to establish aggravation of a disorder that pre-existed service entrance were met, and in light of both evidence from service and more recent medical opinion evidence addressing in-service aggravation.
- Claimed conditions
- left knee condition
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 6, 2009
- Citation
- 0908454
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.
- Dismissed
The Veteran's appeals for service connection were dismissed due to untimely filing of the Board Appeal requests.
- Partly granted
The appeal for service connection for allergic rhinitis and lumbosacral or cervical strain was dismissed due to untimeliness, while the other issues were remanded for further evidence.
- Partly granted
The Board granted service connection for right and left knee conditions, denied a rating in excess of 40 percent for right lower extremity sciatic radiculopathy, and denied special monthly compensation based on loss of use of a lower extremity.
- Remanded (sent back)
The Board remands the claims for service connection for left and right knee conditions as new evidence has been received that is relevant to these claims.
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