The Board has remanded the Veteran's claims for service connection for right and left knee disabilities due to inadequate examinations in a previous decision. The Veteran is required to undergo new VA examinations to determine the current symptoms, level of severity, and functional impairment associated with his knee conditions.
The deciding factor: The March 2018 VA examinations were deemed inadequate by the Court's JMPR for not meeting the criteria set out in Mitchell v. Shinseki (2011).
- Claimed conditions
- Right Knee Condition, Left Knee Condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2019
- Citation
- 19181445
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.
- Granted
The Board granted increased ratings for sinusitis, left knee condition, right knee condition, back condition, and right hip condition, effective from August 15, 2023.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, as well as remanded certain issues for further development.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including erectile dysfunction, PTSD, depression, frequent urination, intermetatarsal neuroma right foot, left knee condition, right knee condition, low back strain, shoulder strain, and tinnitus, due to a failure to provide necessary examinations.
- Granted
The Board granted service connection for various conditions, including obstructive sleep apnea, left hip condition, GERD, irritable bowel syndrome, back condition, right knee condition, left ankle condition, right ankle condition, erectile dysfunction, and bilateral lower extremity radiculopathy, all secondary to the Veteran's service-connected bilateral foot/toe conditions.
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.