The Board has remanded three issues related to the Veteran's left knee disability: an initial rating for osteoarthritis, an initial rating for instability, and a request for an effective date prior to January 3, 2013. The remand includes obtaining updated VA examinations consistent with Correia v. McDonald (2016) and Sharp v. Shulkin (2017).
The deciding factor: The Board found that the current VA examinations did not comply with the requirements set forth in Correia v. McDonald (2016) and Sharp v. Shulkin (2017), necessitating updated examinations.
- Claimed conditions
- left knee osteoarthritis, left knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 18, 2019
- Citation
- 19146865
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.
- Dismissed
The Board dismissed the appeal for service connection for bilateral knee instability and denied service connection for right and left knee instability, finding no nexus between the Veteran's knee conditions and his service or service-connected disabilities.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for a thoracolumbar spine disorder and bilateral knee disorders due to the need for additional VA examinations.
- 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.
- Denied
The Board denied restoration of the 30 percent ratings for left knee arthritis (flexion), left knee strain arthritis (extension), and left knee instability, as well as a 20 percent rating for left ankle chronic sprain. The Veteran's claims for increased ratings were also denied.
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