The Veteran's claims for increased disability evaluations for osteoarthritis of the right knee with medial meniscal tear, instability of the left knee, and arthritis of the lumbosacral spine are being remanded due to inadequate pre-decisional duty to assist.
The deciding factor: The VA examinations in connection with these claims were not adequate as they did not include range of motion testing for active, passive, weight-bearing, and nonweight-bearing motions. The Board finds that the RO failed in its pre-decisional duty to assist by not obtaining new VA examinations prior to the December 2018 Higher Level Review decision.
- Claimed conditions
- osteoarthritis of the right knee with medial meniscal tear, instability, residuals of left knee arthroscopy, arthritis of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2020
- Citation
- A20015872
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 appeal was remanded to correct errors made by the AOJ in complying with an earlier Board remand, specifically to obtain outstanding private treatment records.
- Denied
The Board denied the veteran's request for a higher disability rating for both left shoulder and left elbow disabilities.
- Partly granted
The Board denied an initial disability rating in excess of 20 percent for arthritis of the lumbosacral spine, granted a 10 percent rating for painful limitation of motion of the left and right knees prior to July 6, 2016, denied ratings greater than 10 percent for arthritis of the left and right knees with painful motion for the entire appeal period, granted separate 10 percent ratings for instability of the left and right knees beginning on September 13, 2010, granted a 30 percent rating for chronic obstructive pulmonary disease (COPD) prior to July 6, 2016, and denied entitlement to a total disability rating based on individual unemployability.
- Remanded (sent back)
The case was remanded for further development, including a VA examination to determine the nature and etiology of the veteran's right knee and low back disabilities.
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