The Veteran's appeal for a higher initial rating for his service-connected patellofemoral syndrome of the right knee is being remanded due to insufficient examination findings. The Veteran reported worsening symptoms and requested further evaluation.
The deciding factor: The VA examiner did not fully satisfy the requirements set forth in Correia v. McDonald, 28 Vet. App. 158 (2016), Sharp v. Shulkin, 29 Vet. App. 26 (2017), and 38 C.F.R. § 4.59.
- Claimed conditions
- patellofemoral syndrome of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 10, 2019
- Citation
- 19128049
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 Board denied increased ratings for the Veteran's knee conditions, except for a 10% rating for left and right knee instability effective from October 1, 2008.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected right knee disability, finding that the evidence did not support a higher rating under any applicable diagnostic codes.
- Partly granted
The Board restored the 20 percent disability rating for patellofemoral syndrome of the right knee and left knee strain, effective December 21, 2021, as there was no evidence showing actual improvement in the Veteran's ability to function under ordinary conditions of life and work.
- Remanded (sent back)
The claims for increased ratings for the Veteran's service-connected conditions are being remanded to provide him an additional opportunity to undergo VA examinations.
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