The Board has remanded the cases for additional development to ensure that all relevant medical records are obtained and for examinations to assess the current severity of the Veteran's knee and spine disabilities.
The deciding factor: The VA examinations did not comply with Correia v. McDonald, 28 Vet. App. 158 (2016), which requires passive range of motion measurements/pain on weight-bearing testing.
- Claimed conditions
- right knee arthritis, left knee medial meniscus tear with arthritis, degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2019
- Citation
- 19105267
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 Board denied the veteran's claims for increased ratings and service connection, finding that the evidence did not support higher ratings or service connection for the claimed conditions.
- Granted
The Board granted service connection for right knee arthritis, finding that the Veteran's condition is related to his active duty service.
- Partly granted
The Board granted service connection for GERD, left wrist sprain, right knee strain, and degenerative disc disease of the lumbar spine. The claim for an increased rating for generalized anxiety disorder with depressive disorder was denied.
- Partly granted
The Board granted service connection for left knee arthritis, right knee arthritis, and tinnitus. The increased evaluation claim for pes planus was denied, as was the increase in rating for the right wrist fracture. The reduction of the right wrist rating from 10 percent to 0 percent was found improper, restoring the 10 percent rating.
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