The Board has remanded the Veteran's claims for increased ratings for his left ankle and left knee disabilities due to inadequate VA examination reports. The Veteran will need new examinations to determine the current severity of these conditions.
The deciding factor: The previous VA examinations did not comply with the requirements set forth in Correia v. McDonald, 28 Vet. App. 158 (2016), and Sharp v. Shulkin, 29 Vet. App. 26 (2017).
- Claimed conditions
- chronic left ankle sprain, chronic left knee strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 15, 2019
- Citation
- 19186231
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 appeal for service connection for left shoulder disability was granted in full, and the issues of entitlement to a rating higher than 10 percent for right hamstring tendonitis, left elbow bursitis, chronic left ankle sprain, and low back disability were denied or dismissed.
- Partly granted
The Board denied increased ratings for chronic left knee strain and incomplete paralysis of the sciatic nerve in both lower extremities, but granted an initial rating of 10 percent for the left lower extremity prior to October 19, 2023.
- Partly granted
The Board granted service connection for a lumbar spine condition and denied an initial rating in excess of 10 percent for allergic rhinitis, while remanding the other issues.
- Dismissed
The Veteran withdrew his entire appeal, and the Board dismissed all related issues.
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