The Veteran's appeal is remanded due to the need for additional examinations and assessments of his service-connected conditions, particularly regarding functional loss during flare-ups.
The deciding factor: The VA examination report from February 2018 did not comply with the Court’s holding in Sharp v. Shulkin (2017), which requires that examiners consider all procurable and assembled data when assessing functional loss due to pain during flare-ups.
- Claimed conditions
- Right Hip Disability, Necrosis of the Right Hip with Degenerative Changes, Fractured C-2 Odontoid with Cervical Spine Degenerative Disc Disease, Left Ankle Fracture with Degenerative Changes, Residuals of Left Knee Posterior Cruciate Ligament Rupture with Degenerative Disease, Left Knee Instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2019
- Citation
- 19190922
Veterans Law Judge
Decisions by this judge: 1,890 · Granted: 32% (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 19190922.
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.
- Denied
The Veteran's service-connected knee disabilities have been rated and denied for increased ratings, with some conditions receiving specific disability ratings. The Veteran is granted a 60% rating for her total right knee replacement from September 4, 2015 onwards, but the other claims are denied.
- Denied
The Board has denied service connection for the claimed conditions as there is no persuasive evidence of current diagnoses or in-service incurrence or aggravation.
- Denied
The Board denied an increased rating for the Veteran's right hip disability, finding that her current 10 percent rating adequately reflects her symptoms and limitations.
- Partly granted
The Veteran's claims for service connection and increased ratings have been remanded due to insufficient evidence. The Board will consider all submitted evidence, including any new evidence provided by the Veteran.
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.