The Veteran's appeal is remanded for further development, including obtaining VA and private treatment records, scheduling a VA examination to assess the current severity of his bilateral knee disabilities, and readjudicating the claims.
The deciding factor: The Board finds that the previous Board remand has been substantially complied with. However, additional development is necessary due to recent legal requirements regarding joint testing for pain on both active and passive motion during a VA examination.
- Claimed conditions
- Arthritis of the left knee, Impairment of the left knee, left anterior cruciate ligament (ACL) reconstruction, Arthritis of the right knee, Impairment of the right knee, right ACL reconstruction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 23, 2016
- Citation
- 1647942
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 1647942.
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 Board remands the claims for further development and clarification regarding the severity of the Veteran's left knee and right knee disabilities, specifically to determine if the Veteran has experienced 'the functional equivalent of range of motion loss contemplated by the next higher rating' at any point during the appeal period.
- Partly granted
The Board granted service connection for an acquired psychiatric disability, degenerative arthritis of the lumbar spine, and bilateral tinnitus. The claim for an initial rating in excess of 10 percent for bilateral plantar fasciitis was denied. Other claims were either granted or remanded.
- Denied
The Board denied service connection for a left knee disability and a right knee disability, finding that the Veteran's arthritis of both knees is not related to an injury or disease incurred in active service and has not been caused or aggravated by a service-connected disability.
- Granted
The Board granted service connection for multiple back and joint disabilities, resolving all reasonable doubt in the Veteran's favor.
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