The Board has remanded the Veteran's appeals for increased evaluations of his service-connected low back disability and right knee disabilities due to procedural and evidentiary inadequacies. The AOJ is required to obtain updated VA treatment records, request private health care provider records, and schedule a retrospective examination.
The deciding factor: The Board found that there were procedural and evidentiary issues with the implementation of the September 2017 decision regarding the Veteran's appeals for increased evaluations of his service-connected low back disability and right knee disabilities. The AOJ is required to address these issues by obtaining updated VA treatment records, requesting private health care provider records, and scheduling a retrospective examination.
- Claimed conditions
- Degenerative disc disease at L4-5 (service-connected low back disability), Degenerative joint disease of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 29, 2020
- Citation
- 20063521
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 20063521.
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 right and left knee braces caused wear and tear to his clothing in the year of 2021, leading to a decision granting annual clothing allowances for both knee braces.
- Granted
The Board has granted service connection for Degenerative Joint Disease of the Right Knee as secondary to a service-connected left knee disability, but has remanded the claim for Lumbar Spine Disability.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings due to inconsistencies in the January 2022 VA examination reports and a need for clarification regarding the Veteran's intent when filing his Notice of Disagreement. The AOJ is directed to schedule new examinations, obtain retrospective medical opinions, and clarify the severity of the Veteran's disabilities during the relevant period on appeal.
- Denied
The Board has denied service connection for degenerative joint disease of the left and right knee, osteoarthritis of the left shoulder, a right shoulder condition, and intervertebral disc disorder of the spine as there is no evidence to support that these conditions were incurred or aggravated by military service.
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