The Board has remanded the cases for further development due to inadequate examination reports and failure to comply with prior directives.
The deciding factor: The VA examiner did not provide sufficient information regarding the Veteran's knee disabilities, including during periods of flare-ups, which is required by the Court’s directive in Sharp v. Shulkin (2017).
- Claimed conditions
- Chondromalacia patella, Bilateral knee arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 4, 2020
- Citation
- 20031234
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20031234.
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 found that the Veteran does not meet the criteria for eligibility in the PCAFC program due to insufficient evidence showing a need for personal care services, and thus denied the appeal.
- Granted
The Veteran's right and left knee patella tendon repairs, with painful motion, have been granted increased ratings of 20 percent each. The instability in both knees has also been rated at 10 percent.
- Denied
The Board denied the Veteran's eligibility for enrollment in VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC) due to her not requiring personal care services for a minimum of six continuous months based on an inability to perform one or more activities of daily living, a need for supervision or protection, or a need for regular or extensive instruction without which the ability to function in daily life would be seriously impaired.
- Granted
The Veteran is granted an earlier effective date of December 16, 2020 for both TDIU and DEA benefits. The Board found the Veteran's service-connected disabilities precluded him from obtaining or maintaining substantially gainful employment since December 16, 2020.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.