The Veteran's service-connected right and left knee conditions, as well as her left wrist condition, are rated at 10 percent. The Board has determined that a higher rating is warranted for all three conditions due to the lack of compliance with VA examination requirements in Sharp v. Shulkin.
The deciding factor: The remand was ordered because the previous VA examinations did not comply with the requirements set forth in Sharp v. Shulkin, which requires an assessment during flare-ups and consideration of functional loss.
- Claimed conditions
- Right Knee Strain with Degenerative Joint Disease, Left Knee Strain with Degenerative Joint Disease, Left Wrist Strain with Tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 30, 2019
- Citation
- 19158530
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19158530.
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 Veteran's PTSD was granted a 70% evaluation, and TDIU was granted. Other claims were denied or remanded.
- Denied
The Veteran's claim for increased ratings for his right knee condition and service connection for an upper back or neck condition was denied. The rating in excess of 10 percent for right knee strain with degenerative joint disease is denied, as the disability does not meet the criteria for a higher rating based on limitation of motion. A separate rating for right knee instability prior to May 12, 2021, and in excess of 20 percent thereafter is also denied.
- Denied
The Veteran's left knee disability is rated at 10 percent, and his major depressive disorder is rated at 50 percent prior to January 23, 2018, and 70 percent from that date. Both ratings are denied.
- Denied
The Veteran's initial claim for an increased rating for right knee strain with degenerative joint disease was denied. The Veteran received a separate 10% rating for right knee instability effective from January 15, 2013. A 20% rating for left knee patellar subluxation was granted from August 17, 2009 to January 15, 2013. The Veteran's claim for a higher rating for status post extensor pollicis tendon repair with radial and median sensory and motor deficit was denied.
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