The Board has decided to remand three issues: evaluating right knee disability, evaluating limitation of extension of the right knee, and determining service connection for bilateral hallux valgus. The Veteran will need new VA examinations for these matters.
The deciding factor: The examination provided was inadequate as it did not consider functional impairment during flare-ups or with repetitive use over time, nor did it address whether the current disability is a result of wearing small boots in service.
- Claimed conditions
- limitation of flexion of the right knee, limitation of extension of the right knee, bilateral hallux valgus
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2020
- Citation
- 20070629
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.
- Dismissed
The Board dismissed the appeals for earlier effective dates related to various left and right hip, knee, shoulder, and other conditions as they were freestanding claims not continuously pursued from the initial rating decisions.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for limitation of extension of both the left and right knees for further development, including an adequate VA examination.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for right knee conditions due to insufficient medical evidence.
- Granted
The Board granted service connection for bilateral hallux valgus and left 2nd hammertoe, resolving reasonable doubt in favor of the Veteran.
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