The Veteran's cervical spine condition is remanded due to the inadequacy of the September 2017 VA examination.,The Veteran's left knee condition is remanded due to the inadequacy of the September 2017 VA examination.,The Veteran's right thumb and left thumb conditions are remanded for clarification of diagnosis and determination of service connection.,The Veteran's right shoulder condition is remanded for an addendum opinion on its relationship to service.
The deciding factor: The September 2017 VA examination relied on inaccurate factual background, failed to consider the Veteran’s lay statements regarding in-service injuries and subsequent symptoms, and did not address all pertinent evidence of record.,The September 2017 VA examination was inadequate as it did not provide a rationale for its opinion based solely on the lack of evidence of fractures or tears of meniscus or ligaments without addressing other relevant medical history.,The September 2017 VA examination failed to address the Veteran’s lay statements regarding in-service injuries and subsequent symptoms, and provided an incomplete explanation for why there was no link between service and his current condition.,The September 2017 VA examination did not provide a rationale based on all pertinent evidence of record, including the Veteran's STRs indicating upper back pain and his military personnel record noting parachute badge.
- Claimed conditions
- Degenerative arthritis of cervical spine, Left knee osteoarthritis, Right thumb degenerative arthritis, Left thumb degenerative arthritis, Right shoulder degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 9, 2020
- Citation
- 20059277
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 20059277.
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 Board has granted service connection for osteoarthritis of the right knee and left knee, finding that the Veteran's current conditions are related to his military service. The issue of entitlement to service connection for obstructive sleep apnea is remanded due to potential toxic exposure in service.
- Granted
The Veteran's right knee meniscal tear with osteoarthritis rating was restored to 40%, and an effective date of July 26, 2013, for SMC based on need for aid and attendance was granted. The intermediate rate SMC effective date also aligns with this date.
- Granted
The Board has granted service connection for right shoulder degenerative arthritis and a functionally impairing left shoulder disability, finding that the current disabilities are related to in-service injuries sustained during combat service.
- Denied
The January 17, 2013 rating decision denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities. The Board found that while the Veteran could not return to his previous employment as a plumber, he was capable of sedentary employment and therefore had not established clear and unmistakable error in denying his TDIU claim.
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