The Board has remanded the case for a new VA examination and opinion to address whether the Veteran's congenital bipartite patella is less likely than not proximately due to or the result of his service-connected condition, and if so, what other conditions resulted from this superimposed disease or injury.
The deciding factor: The Board found that the November 2016 VA opinion was inadequate for purposes of adjudicating the claim as it did not provide a clear rationale for its opinions and failed to cite any medical literature used in rendering these opinions.
- Claimed conditions
- bipartite patella
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2018
- Citation
- 1804256
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 1804256.
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 claims for increased ratings for his left knee and hip conditions were denied. The Board found that the current disability ratings adequately reflected the severity of the Veteran's symptoms.
- Granted
The Board has granted service connection for a right knee disability, other than bipartite patella, finding that the evidence is at least in equipoise regarding whether the Veteran's current condition was incurred during his active duty.
- Denied
The Board denied the Veteran's claim for service connection for bipartite patella of the left knee, finding that it is a congenital defect and not subject to superimposed disease or injury during military service.
- Remanded (sent back)
The Veteran's left leg disability is remanded for further examination and opinion regarding the nature, etiology, and cause of his claimed disabilities. The examiner must address whether any left leg disability/pathology was caused or aggravated by the VA surgical and medical treatment.
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