The Board has determined that additional examinations are needed to comply with the requirements set forth in Correia v. McDonald, 28 Vet. App. 158 (2016), and to determine the current severity of the Veteran's left knee conditions.
The deciding factor: The examination findings from August 2016 do not meet the specifications of Correia as they do not report nonweight-bearing or pain on passive motion findings, which is required by the Court’s decision in Correia v. McDonald, 28 Vet. App. 158 (2016).
- Claimed conditions
- left knee, postoperative residuals, left knee osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 10, 2019
- Citation
- 19127498
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 service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Partly granted
The Board denied service connection for hypertension and remanded the claims for bilateral tinnitus, right knee osteoarthritis, and left knee osteoarthritis due to inadequate medical evidence.
- Granted
The Board granted service connection for bilateral knee, bilateral shoulder, low back and bilateral hip disabilities based on the evidence showing that these conditions are related to the Veteran's active military service.
- Remanded (sent back)
The appeal was remanded for the AOJ to provide the Veteran with notice concerning his right to a hearing under 38 C.F.R. § 3.103(b)(1) and (d)(1).
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