The Veteran's appeal is being remanded to the RO for further development, including obtaining additional medical records and scheduling a VA examination. The issues of higher evaluations for his service-connected knee, ankle, and bicep disabilities are pending.
The deciding factor: The Veteran testified that his service-connected knee, right ankle, and left bicep disabilities were worse than what was reflected in the results of the January 2007 VA fee-basis examination. The examiner did not utilize a goniometer to measure range of motion, and failed to review the Veteran's claims file.
- Claimed conditions
- chondromalacia of the left knee, chondromalacia of the right knee, degenerative joint disease of the right ankle with a history of recurrent sprains, left bicep insertional tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2010
- Citation
- 1001874
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 1001874.
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 Board's September 4, 2025 decision was vacated due to a failure to address clear and unmistakable error arguments, depriving the Veteran of due process.
- Remanded (sent back)
The Board remands the claim for service connection for chondromalacia of the right knee as secondary to residuals of fracture of the right lateral malleolus/foot due to an inadequate VA examination.
- Remanded (sent back)
The Board remands the claims for increased ratings for bilateral lower extremity radiculopathy and chondromalacia of the left knee to ensure compliance with prior remand directives.
- Denied
The Board denied the veteran's claims for increased evaluations for chondromalacia of the left knee, GERD, and chondromalacia of the right knee due to failure to report for VA examinations without good cause.
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