The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current severity of his bilateral knee disabilities and obtain any outstanding VA treatment records.
The deciding factor: The June 2016 Memorandum Decision found that the Board improperly relied on the May 2011 and March 2014 VA examinations due to their failure to adequately address the Veteran's complaints of flare-ups and subsequent functional impairment during such flare-ups. The Court also held that 38 C.F.R. � 4.59 requires joint testing for pain on both active and passive motion, in weightbearing and non-weightbearing.
- Claimed conditions
- musculoligamentous strain of the right knee, musculoligamentous strain of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 13, 2016
- Citation
- 1646702
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 1646702.
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 deviated septum is granted as service-connected. The issues of chronic cough, paresthesias of the right big toe, musculoligamentous strain of the left knee, multiple fractures of the left hand, multiple fractures of the right hand, and GERD are remanded for further examination and rating considerations.
- Remanded (sent back)
The Board has decided to remand several issues related to the Veteran's service-connected disabilities, including knee and spine conditions. The reasons are that new evidence indicates an increase in severity for all conditions, a peripheral nerve examination is needed, and VA examinations must include joint testing for pain on both active and passive motion.
- Denied
The Veteran's appeal for increased evaluations for his bilateral knee disabilities was denied. The Board found that the VA examinations did not adequately address the Veteran's complaints of flare-ups and any subsequent functional impairment during flare-ups.
- Remanded (sent back)
The Board has remanded the case for additional development due to changes in the severity of the Veteran's service-connected left knee disability and a need to consider findings regarding his service-connected left hip.
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