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
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
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Other Board decisions on a similar condition or argued the same way.
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