The Veteran's appeal is being remanded due to the need for a VA examination of his right knee disability, as previous examinations did not meet the requirements set forth in Correia v. McDonald.
The deciding factor: The previous VA examinations did not include joint testing for pain on both active and passive motion, in weight-bearing and nonweight-bearing, which is required by Correia v. McDonald.
- Claimed conditions
- right patellar chondromalacia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 18, 2017
- Citation
- 1746427
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 1746427.
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 has remanded the case due to inadequate VA opinions regarding whether the Veteran's cervical spine disorder is secondary to his service-connected disabilities. The case will be reviewed again with new VA opinions.
- Granted
The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine, urinary incontinence associated with degenerative disc disease of the lumbar spine, hypertensive heart disease, patellar subluxation of both knees, and bilateral hearing loss, have rendered him unable to secure or follow substantially gainful employment. The Board finds that his service-connected disabilities meet the criteria for a TDIU.
- Denied
The Veteran's service-connected right patellar chondromalacia is currently rated at 10 percent, and the Board found that this rating was appropriate. The Veteran does not meet the criteria for a higher evaluation based on her symptoms or disability level.
- Remanded (sent back)
The Veteran's claim for a higher initial rating for right patellar chondromalacia is being remanded to the RO for further development.
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