The Board remanded the case to obtain a more thorough medical examination addressing whether the Veteran's service-connected right knee disability has aggravated his left knee and low back disabilities.
The deciding factor: The August 2008 VA examination was found inadequate as it did not properly address the issue of aggravation, which is required for secondary service connection claims.
- Claimed conditions
- Left knee disability, Low back disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 10, 2009
- Citation
- 0908954
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 service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability and arthritis, to include bilateral hips and knees, due to an inadequate VA examination.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability, left hip disability, right hip disability, prostate disability, and kidney cancer due to inadequate medical opinions and potential outstanding VA treatment records.
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