The Board has determined that the VA examinations for the Veteran's knee and ankle disabilities are inadequate, as they did not include range of motion test results using all required methods. The claims are being remanded to obtain further examination.
The deciding factor: The VA examinations failed to comply with 38 C.F.R. §§ 4.40, 4.45, and 4.59, as interpreted by the Court's decision in Correia v. McDonald, 28 Vet. App. 158 (2016).
- Claimed conditions
- instability and subluxation of right knee, patella femoral pain syndrome with degenerative joint disease (DJD) of the right knee, degenerative joint disease (DJD) of the left knee, achilles tendonitis of left ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 26, 2019
- Citation
- 19150035
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 service connection for an acquired psychiatric disorder, to include generalized anxiety disorder, and left ear hearing loss. Other claims were denied or remanded.
- Remanded (sent back)
The Board has remanded three issues: initial compensable rating for bilateral hearing loss, service connection for degenerative joint disease (DJD) of the right knee, and service connection for degenerative joint disease (DJD) of the left knee. A new VA examination is required to determine the severity of the Veteran's service-connected hearing loss and to consider his lay statements about the history of his bilateral knee conditions.
- Granted
The Veteran's TDIU claim for the period from August 1, 2016 to March 20, 2018 is granted. The effective date for service connection of left knee instability and degenerative joint disease (DJD) of the left knee is set at November 19, 2013.
- Denied
The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, and DJD of the left knee. The evidence did not support a finding that these conditions were incurred or aggravated by active service.
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