The Veteran's service-connected right knee and hip disabilities have rendered him unable to secure or follow a substantially gainful occupation, necessitating remand for further examination.
The deciding factor: VA examinations did not comply with Correia v. McDonald (2016) and Sharp v. Shulkin (2017), as they did not test for pain on active and passive motion during flare-ups or estimate the Veteran's functional loss due to flares based on all evidence of record.
- Claimed conditions
- Osteochondritis Dissecans, Right Knee, Arthritis, Right Knee, Status Post Left Knee Arthroscopy with Debridement and Chondral Picking of Osteochondral Defect, Right Hip Trochanteric Bursitis (based on flexion), Right Hip Bursitis (based on abduction or adduction)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 5, 2020
- Citation
- 20064476
Veterans Law Judge
Decisions by this judge: 3,217 · Granted: 46% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 20064476.
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 Veteran's TDIU claim was denied because the combined effect of his service-connected disabilities, not a single disability, prevented him from securing and following substantially gainful employment.
- Remanded (sent back)
The Veteran's claims for increased ratings for his right knee and left knee disabilities, as well as his right hip disabilities, are being remanded due to inadequate VA examinations. The new examinations must comply with the requirements of Correia v. McDonald (2016) and Sharp v. Shulkin (2017).
- Denied
The Board denied the veteran's claims for increased ratings for his right knee injuries and arthritis, finding that the evidence did not support a higher rating under applicable diagnostic codes.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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