The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for appropriate VA examinations to assess his current bilateral knee and right tibia disabilities.
The deciding factor: The Veteran has claimed that his service-connected disabilities have worsened since his last VA examinations. The Court has held in Weggenmann v. Brown that when a veteran claims that his service-connected disability is worse than originally rated, and the available evidence is too old for an adequate evaluation of his current condition, VA's duty to assist includes providing a new medical examination.
- Claimed conditions
- Degenerative Joint Disease, Torn Medial Meniscus with Chondromalacia, Distal Right Tibia Fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 21, 2015
- Citation
- 1535912
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 1535912.
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 TDIU and Dependents' Educational Assistance claims have been granted effective from November 23, 2019.,The Board has also remanded the Veteran's increased rating claims for his lumbar and cervical spine conditions.
- Remanded (sent back)
The Board has found new and relevant evidence in support of the Veteran's previously denied service-connection claim for a back condition to include degenerative joint disease and degenerative disc disease. The case is being remanded for further review.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a VA examination to determine the nature and likely etiology of the Veteran's back disability, including whether it is related to service.
- Granted
The Veteran's right knee degenerative joint disease and patellofemoral syndrome were granted a 20 percent rating, effective from January 8, 2021. The Veteran also received restoration of the 20 percent rating for instability of the right knee.
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