The Board has remanded the claims due to insufficient reasoning and failure to provide a VA medical examination for clarification of the relationship between the Veteran's service injury and his current knee and shoulder disabilities.
The deciding factor: The joint motion indicated that the prior May 2007 decision did not adequately address the Veteran's sworn testimony as lacking clinical corroboration, and failed to provide an adequate statement of reasons or bases for discounting it. The Board also violated the duty to assist by failing to provide a VA medical examination to clarify the relationship between the Veteran's service injury and his current disabilities.
- Claimed conditions
- right knee disability, left knee disability, right shoulder disability, left shoulder disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 9, 2009
- Citation
- 0946726
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 0946726.
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 Veteran's right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient rationale in the July 2012 VA examination for the Veteran's left knee disability, and a new addendum opinion is needed.
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