The Board has decided to remand the case due to a pre-decisional duty to assist error, specifically regarding the opinions provided by VA examiners on whether the Veteran's right knee disability could be caused or aggravated by his service-connected back disability or right leg muscle impairment.
The deciding factor: The decision is based on the need for new medical opinions addressing the relationship between the Veteran's service-connected conditions and his current right knee disability, specifically regarding aggravation.
- Claimed conditions
- right knee meniscus tear, ACL tear, osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 4, 2020
- Citation
- A20017968
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.
- Denied
The Board denied service connection for multiple conditions, including rheumatoid arthritis, right hip degenerative joint disease and rheumatoid arthritis with acetabular cyst status post right total hip replacement, osteoarthritis, psoriatic arthritis, hypertension, prostate cancer, diabetes mellitus type II, fever sores, and a compromised immune system, as the evidence did not support a finding of service connection for any of these conditions.
- Remanded (sent back)
The appeal for special monthly pension (SMP) based on the need for regular aid and attendance or housebound status is remanded to ensure that the appellant receives every possible consideration, including a new VA examination.
- Denied
The Board denied service connection for a left ankle disability, low back disability, right knee disability, and left knee disability as the evidence did not support that these conditions were incurred in or aggravated by active service.
- Granted
The Board granted service connection for a right knee disability, diagnosed as meniscal tear, osteoarthritis, osteopenia, and resolved medical femoral epicondyle fracture based on aggravation of a pre-existing condition during ACDUTRA.
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