The Veteran's appeal for initial evaluations in excess of 10 percent for his service-connected knee disabilities is remanded due to inadequate VA examinations. The AOJ must obtain updated treatment records, schedule the Veteran for a VA examination, and readjudicate the issues.
The deciding factor: VA examinations were not adequate under Correia v. McDonald and Sharp v. Shulkin, necessitating another remand for proper evaluation of the Veteran's knee disabilities.
- Claimed conditions
- residuals of a right lateral meniscectomy, residuals of a left lateral meniscectomy, limitation of flexion of the right knee, limitation of flexion of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 4, 2019
- Citation
- 19183268
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 remands the issues of entitlement to a compensable evaluation for limitation of flexion and extension of the left knee, as well as an evaluation in excess of 10 percent for right knee postoperative synovitis and degenerative arthritis, due to insufficient evidence.
- Dismissed
The Board dismissed the appeals for earlier effective dates related to various left and right hip, knee, shoulder, and other conditions as they were freestanding claims not continuously pursued from the initial rating decisions.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for right knee conditions due to insufficient medical evidence.
- Partly granted
The Board granted a 20 percent rating for limitation of flexion and a 10 percent rating for instability, but denied an increased rating for limitation of extension.
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