The Board has remanded the cases for a new VA examination to assess the Veteran's knee disabilities, as the prior examinations were inadequate. The examiner is required to provide range of motion measurements in passive motion and non-weight-bearing.
The deciding factor: The prior examinations did not comply with the requirements set forth by the U.S. Court of Appeals for Veterans Claims (CAVC) in Correia v. McDonald, 28 Vet. App. 158, 169-70 (2016), and Sharp v. Shulkin, 29 Vet. App. 26, 34 (2017).
- Claimed conditions
- right knee chondromalacia, left knee chondromalacia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 9, 2020
- Citation
- 20072316
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 veteran withdrew his appeal for higher ratings of his left and right knee conditions, and the Board has no jurisdiction to review these issues.
- Denied
The Board denied the veteran's claims for a higher initial rating for left knee limitation of extension and an increased rating for left knee chondromalacia.
- Dismissed
The proposed reductions of the veteran's right and left knee chondromalacia ratings were dismissed as there was no final rating action taken, and the disabilities remained rated at 40 percent during the applicable period.
- Partly granted
The appeal for service connection for sleep disorder is dismissed, and the Veteran's claims for service connection for alcohol use disorder, generalized anxiety disorder, somatic symptom disorder, bilateral hearing loss, and lower back strain are denied. The Board granted a 70 percent rating for PTSD.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.