The Board has found that a remand is necessary to assess the current level of impairment due to worsening symptoms and additional treatment, including physical therapy and cortisone shots. A new examination is required to accurately assess range of motion and determine if instability exists.
The deciding factor: The November 2014 VA examination was inadequate as it did not consider flare-ups, passive and active motions, or left knee swelling and instability reported by the Veteran in his hearing testimony.
- Claimed conditions
- Degenerative Joint Disease of the Left Knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2020
- Citation
- 20005503
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 has remanded the claims of service connection for degenerative joint disease of the left and right knees due to new evidence submitted since the last denial. The Veteran's testimony indicates that his knee disabilities may be related to active service, but VA examinations did not provide etiological opinions.
- Remanded (sent back)
The Board has denied service connection for degenerative joint disease of the left knee, finding that it is not related to active duty service or secondary to a service-connected condition. The case was remanded due to issues with the right knee.
- Remanded (sent back)
The Board has decided to remand the cases for additional development due to the need for a VA examination.
- Remanded (sent back)
The Veteran's lumbar spine disability was originally rated at 20 percent in June 1992 and has been continuously rated at or above that level for over 20 years. The reduction from a 20 percent rating to a 10 percent rating is not proper, as the initial rating was not based on fraud.
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