The Board has determined that the Veteran's claims for increased ratings and service connection are remanded due to inadequate or incomplete examinations, as well as the need to consider SSA disability benefits.
The deciding factor: The VA examination reports did not comply with the requirements in Correia v. McDonald (2016), and there is evidence of an additional disability that may be related to service but has not been considered yet (SSA disability benefits).
- Claimed conditions
- left knee, sleep disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2020
- Citation
- 20006855
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.
- Granted
The Veteran's service-connected left knee and right shoulder disabilities, along with compensation benefits awarded under 38 USC § 1151 for a right bicep detachment during shoulder surgery, prevented him from securing or following substantially gainful employment from December 22, 2011 to December 11, 2016.
- Dismissed
The Board dismissed the claims for earlier effective dates and higher ratings for various conditions, including left eye condition, right eye condition, hypertension, left knee, right knee, obstructive sleep apnea, and coronary artery disease (CAD), as well as denied an earlier effective date for CAD.
- Remanded (sent back)
The Board remands the claims for service connection, increased rating, and TDIU due to incomplete evidence.
- Denied
The Board denied service connection for a sleep disability as there is no probative evidence of a current sleep disability.
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