The Veteran's appeal for a higher rating for his service-connected right knee arthroplasty is being remanded due to the need for further development, including an examination and consideration of additional schedular criteria. The issue will also be reconsidered in light of recent legal precedent regarding VA examinations.
The deciding factor: Further development is required as per Correia v. McDonald (2016) which mandates that VA examinations include joint testing for pain on both active and passive motion, in weight-bearing and nonweight-bearing.
- Claimed conditions
- Right Knee Arthroplasty
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 21, 2016
- Citation
- 1637003
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 1637003.
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 claim for an initial rating higher than 50 percent for OSA is denied. The Board also granted a TDIU based on the Veteran's service-connected disabilities.
- Denied
The Veteran's claim for an increased rating for his right knee disability prior to October 6, 2020 was denied. The claim for a separate rating for right knee instability prior to that date was granted with subject to regulations governing payment of monetary awards. The claim for an increased rating for the right knee arthroscopy from December 1, 2021 was also denied.
- Denied
The Veteran is rendered unable to obtain or maintain substantially gainful employment due to service-connected knee and lumbar spine disabilities from October 2, 2015 to December 1, 2015, June 20, 2016 to September 1, 2016, July 19, 2017 to September 1, 2018, and April 10, 2019 to June 1, 2019.
- Denied
The Board denied increased disability ratings for the right knee arthroplasty and right TKR, finding that the evidence did not meet the criteria for an increased rating in either case.
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