The Board has remanded two issues regarding evaluations for osteoarthritis of the left and right knees due to inadequate examination reports.
The deciding factor: The examinations did not comply with Correia v. McDonald, 28 Vet. App. 158 (2016), which requires passive range of motion measurements and pain on weight-bearing testing.
- Claimed conditions
- osteoarthritis of the left knee, osteoarthritis of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2019
- Citation
- 19133540
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 granted restoration of a 40% rating for osteoarthritis of the left knee, effective July 1, 2009, and denied an increased rating in excess of 40% for the same condition as well as entitlement to TDIU.
- Denied
The Board denied the veteran's claims for increased ratings for his lumbar spine herniated nucleus pulposus L3-4 with intervertebral disc syndrome, left knee osteoarthritis, and right knee osteoarthritis.
- Partly granted
The Board denied increased ratings for the Veteran's bilateral knee disabilities and lumbar spine disability, but granted a 20 percent rating for degenerative arthritis of the lumbar spine with spinal stenosis from April 4, 2017 to July 13, 2020.
- Granted
The Veteran's service-connected disabilities have been found to render him unable to physically care for himself, thereby granting special monthly compensation based on the need for regular aid and attendance.
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