The Veteran's initial compensable ratings for bilateral knee Degenerative Joint Disease have been remanded due to the need for a new VA examination.
The deciding factor: The previous VA examination did not comply with the requirements set forth in Correia v. McDonald and Sharp v. Shulkin regarding joint testing, including pain on both active and passive motion, in weight-bearing and non-weight-bearing conditions, as well as flare-ups.
- Claimed conditions
- Degenerative Joint Disease, Meniscal Tear, Anterior Cruciate Ligament Reconstruction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2019
- Citation
- 19102567
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.
- Granted
The Veteran's knee disabilities have been rated based on their effects on his ability to perform activities of daily living, with a 30 percent rating for post-operative residuals and a 40 percent rating for limited extension. A separate 10 percent rating has also been granted for symptomatic removal of semilunar cartilage.
- Denied
The Veteran's left knee disability was denied for a rating in excess of 20 percent, restored to 20 percent from October 1, 2016, and granted a separate 10 percent rating for painful and limited extension beginning July 14, 2016. The original 20 percent rating remains in effect.
- Remanded (sent back)
The Veteran's claim for increased ratings for degenerative joint disease of the left and right feet has been granted with a rating of 20 percent each. However, his request for TDIU remains pending as it was not initially addressed by the AOJ.
- Granted
The Board has determined that the Veteran's current left knee disability, including osteoarthritis and degenerative joint disease, is at least as likely as not related to her military service. The claim for service connection is therefore granted.
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