The Veteran's claim for a higher rating for his right knee disability is being remanded due to the need for additional development, including obtaining a supplemental opinion from the June 2018 VA examiner regarding functional impairment during flare-ups or on repeated use.
The deciding factor: The Board found that the most recent VA examination did not comply with the requirements in Sharp v. Shulkin and thus requires a supplemental opinion to address the Veteran's reported right knee symptoms during flare-ups and estimate the extent of additional range of motion loss due to repetitive use or flare-ups.
- Claimed conditions
- Right knee degenerative arthritis, Right knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 28, 2019
- Citation
- 19150771
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 a separate 10 percent rating for right knee instability but denied an initial rating in excess of 10 percent for degenerative arthritis of the right knee.
- Partly granted
The Board granted a 30 percent rating for right knee instability and a 20 percent rating for painful and/or limited motion of the right knee, but denied a higher rating for degenerative arthritis of the right knee.
- Denied
The Board denied ratings in excess of 10 percent for the veteran's left hamstring and right knee conditions, as well as a TDIU claim.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for left and right knee instability and limitation of flexion due to an inadequate VA examination.
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