The Veteran seeks service connection for a torn medial meniscus of the right knee. The VA examiner could not provide an opinion without resorting to speculation due to conflicting statements from the Veteran and lack of pre-service treatment records. The case is REMANDED for further development.
The deciding factor: The VA examiner was unable to provide a medical nexus opinion without resorting to speculation, as there were conflicting statements from the Veteran regarding his injury and lack of pre-service treatment records.
- Claimed conditions
- torn medial meniscus of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 3, 2010
- Citation
- 1029007
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 1029007.
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.
- Denied
The Veteran's maxillary sinusitis is rated at 30 percent, but not greater. The Veteran's right knee disability has not been manifested by limitation of flexion to 30 degrees or extension to 15 degree, even considering complaints of pain, nor has there been objective evidence of instability or dislocated semilunar cartilage.
- Granted
The Board has granted service connection for the Veteran's torn medial meniscus of the right knee. The issue of entitlement to service connection for a left leg disorder (other than a left knee disability) remains before the Board.
- Granted
The Board has determined that a 20 percent evaluation is warranted for the torn medial meniscus of the right knee under Diagnostic Code 5258, based on symptoms including dislocated semilunar cartilage with frequent episodes of 'locking', pain, and effusion.
- Denied
The Board denied the veteran's claim for service connection as the tear in his right knee was not linked to his military service, but rather to an injury sustained in 1987.
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