The Veteran's claims for increased evaluations of his knee disabilities and service connection for degenerative arthritis of the spine are being remanded due to inadequate examinations in previous decisions. The case will be reviewed with a new examination that meets VA requirements, including testing range of motion under both active and passive conditions.
The deciding factor: The Board found the June 2009 VA examination insufficient as it did not provide opinions on additional limitations during flare-ups or specify whether testing was conducted in weight-bearing and non-weight-bearing circumstances.
- Claimed conditions
- arthritis of the right knee, arthritis of the left knee
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2020
- Citation
- 20002929
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 claims for service connection for arthritis of the left knee and right knee to ensure compliance with a Joint Motion for Partial Remand from the Court.
- Denied
The Board denied service connection for various conditions, including residuals of a head injury, bilateral hearing loss, neck disability, gout of the right ankle, unspecified trauma or stress related disorder, tinnitus, and other musculoskeletal issues.
- Dismissed
The veteran withdrew all pending appeals, and the Board has no jurisdiction to review these issues.
- Partly granted
The Board granted service connection for sleep apnea syndromes, arthritis of the left knee as secondary to degenerative changes in the bilateral ankles, and arthritis of the right knee as secondary to degenerative changes in the bilateral ankles. The claims for earlier effective dates and increased ratings were denied.
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