The Board has vacated its previous decision dismissing the appeal of service connection for bilateral knee and sinus conditions. The right knee condition is remanded for a new examination, while the sinus condition requires an opinion on whether it had its onset in service.
The deciding factor: The Board found that there was a denial of due process as the AOJ had already made an initial substitution determination regarding the appellant as the surviving spouse and dismissed the appeal erroneously.
- Claimed conditions
- bilateral knee condition, sinus condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2019
- Citation
- 19177492
Veterans Law Judge
Decisions by this judge: 1,772 · Granted: 37% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19177492.
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.
- Remanded (sent back)
The Board has determined that the VA examination provided in April 2024 was inadequate for adjudication purposes and remands the case for a new examination to determine if the Veteran's sinus condition is related to his military service.
- Denied
The Board denied service connection for a shoulder condition, bilateral knee condition, and right hip condition. The Veteran's claims were based on current diagnoses of these conditions but the evidence did not support an in-service injury or disease.,The Board also noted that there was no nexus between the current disabilities and service due to lack of in-service complaints or injuries.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to inadequate development of evidence, specifically failing to provide a VA examination or medical opinion regarding his claimed bilateral ankle, knee, low back, and left shoulder conditions. The claims are being returned to the AOJ for further action.
- Denied
The Board denied service connection for sinus condition, left ear hearing loss, right ear hearing loss, and sleep apnea as there was no current disability related to these conditions during the pendency of the claim. The Veteran's self-reported symptoms were not supported by medical evidence.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.