The Veteran's claims for increased ratings for his bilateral knee disabilities and degenerative disc disease of the lumbar spine are being remanded due to inadequate examinations.,The Veteran's claim for an extraschedular rating for degenerative disc disease of the lumbar spine prior to April 28, 2015 is also being remanded.
The deciding factor: The VA examinations provided were not adequate and did not comply with the requirements in Sharp v. Shulkin (2017).
- Claimed conditions
- postoperative residuals of a left total knee arthroplasty, post-prostetic replacement of the right knee, degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2020
- Citation
- 20070428
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.
- Partly granted
The Board granted service connection for GERD, left wrist sprain, right knee strain, and degenerative disc disease of the lumbar spine. The claim for an increased rating for generalized anxiety disorder with depressive disorder was denied.
- Dismissed
The appeal for service connection for cervical strain with degenerative disease and degenerative disc disease of the lumbar spine was dismissed as it was not timely filed.
- Granted
The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance is granted, as he requires regular assistance with dressing, keeping himself clean and presentable, and attending to his bodily needs due to service-connected disabilities.
- Partly granted
The Board granted service connection for tinea capitis, hypertension, and degenerative disc disease of the lumbar spine but denied service connection for sinusitis and urinary tract infections. The claims for PTSD, hearing loss, chest pain, right hip condition, left hip condition, and right knee condition were remanded.
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