The Board has determined that the VA contract opinions are inadequate and remands the case for further development, including obtaining new etiological opinions addressing all theories of entitlement to service connection.
The deciding factor: The opinions provided by the April 2015 and August 2014 VA contract examiners were found to be inadequate as they did not consider the Veteran's lay statements regarding his in-service activities and continuous symptoms since separation from service, nor did they address a secondary service connection theory of entitlement.
- Claimed conditions
- right knee strain, lumbar spine with degenerative joint disease (DJD), intervertebral disc syndrome (IVDS), and right lower extremity radiculopathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 16, 2019
- Citation
- 19129593
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 Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 10 percent for bilateral hip and knee disabilities, as well as a TDIU claim, to ensure adequate VA examinations are conducted.
- Partly granted
The Board granted service connection for left hip iliopsoas tendonitis, right knee strain, and left knee strain as secondary to lumbosacral strain. Service connection was also granted for cannabis use disorder as secondary to mental health conditions of PTSD, major depressive disorder with alcohol use disorder, and TBI. However, the Board denied an initial disability rating in excess of 70 percent for PTSD and granted a separate disability rating of 40 percent for TBI.
- Partly granted
The Board denied an increased rating for right knee strain and instability but granted a separate 10 percent rating for right knee limitation of extension from November 25, 2024.
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