The Veteran's claims for increased ratings for traumatic arthritis of the left knee and residuals injury right acromioclavicular joint (right shoulder) are being remanded due to deficiencies in the prior VA examinations. The Veteran must be provided with new examinations that comply with Correia v. McDonald, 28 Vet. App. 158 (2016).
The deciding factor: The prior VA examinations did not comply with the requirements set forth in Correia v. McDonald, 28 Vet. App. 158 (2016), which requires testing of range of motion in active and passive motion, weight-bearing, and nonweight-bearing.
- Claimed conditions
- Traumatic arthritis of the left knee, Meniscal tear of the left knee, Residuals injury right acromioclavicular joint (right shoulder)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 28, 2018
- Citation
- 18130188
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 18130188.
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.
- Partly granted
The Veteran was granted ratings for his left and right knee disabilities, as well as special monthly compensation and TDIU.
- Granted
The Veteran's left knee disability, including osteoarthritis and internal derangement, is currently rated at 10 percent. The separate ratings for meniscal tear (20%) and moderate instability (20%) are granted effective September 23, 2013, and February 24, 2020 respectively.,The Veteran's left knee disability does not warrant a higher rating as the flexion limitation is at most 70 degrees, which does not meet the criteria for a 20 percent rating under DC 5260.
- Denied
The Veteran's claims for increased ratings and a TDIU were denied. The left knee instability was granted, but the meniscal tear and limitation of motion claims remained denied.
- Granted
The Veteran's use of his VA-issued left knee brace for his service-connected traumatic arthritis of the left knee is causing wear and tear on his clothing, leading to frequent replacements. The Board has granted a clothing allowance for 2013 based on this issue.
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