The Veteran's appeal is being remanded for a new VA medical examination to assess the severity of his service-connected knee conditions and for further development.
The deciding factor: The final sentence of 38 C.F.R. § 4.59 requires that VA examinations include joint testing for pain on both active and passive motion, in weight-bearing and nonweight-bearing and, if possible, with range of motion measurements of the opposite undamaged joint. The Veteran's January 2012 VA medical examination does not meet these requirements.
- Claimed conditions
- post-operative patellar femoral syndrome of the left knee, patellar femoral syndrome of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 3, 2017
- Citation
- 1706561
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 1706561.
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 appeal is being remanded for additional development to determine the current severity of his service-connected bilateral knee disabilities.
- Remanded (sent back)
The Board has remanded the issue of entitlement to a total disability rating based on individual unemployability (TDIU) for further development. The Veteran's service-connected conditions include patellar femoral syndrome of the right knee, asthma, and cervical spine disability.
- Remanded (sent back)
The Board has remanded the case for additional development, including scheduling a VA examination to assess the Veteran's employability due to his service-connected disabilities.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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