The Veteran seeks service connection for osteoarthritis and TDIU. The VA examiner's opinion is inadequate due to an inaccurate factual premise, as the in-service injury was documented. A remand is required to obtain a proper VA examination.
The deciding factor: The VA examiner's opinion is based on an inaccurate factual premise regarding the Veteran's service treatment records not documenting his fall injury.
- Claimed conditions
- osteoarthritis, severe arthritis of the neck, back, lower left leg, hip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2015
- Citation
- 1553034
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 1553034.
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.
- Granted
The Veteran is granted an effective date of December 10, 2015 for total disability rating based on individual unemployability (TDIU) and basic eligibility to Dependents' Educational Assistance (DEA). The decision also grants earlier effective dates for these benefits.
- Granted
The Board has granted an increase in PCAFC benefits to Level 2, finding that the Veteran requires continuous supervision or protection due to his cognitive decline and repeated falls.
- Denied
The Board has denied the Veteran's claim for service connection for a right knee disability, finding that it is neither secondary to his service-connected right femoral neuropathy nor directly related to his active-duty service.
- Granted
The Veteran's service-connected neck, back, and migraines required care or assistance from his wife on a regular basis to protect him from hazards in his daily environment.
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