The Board has remanded the Veteran's claims for additional development due to deficiencies in the VA examinations and the need to obtain updated treatment records.
The deciding factor: The examination reports do not comply with the requirements of Correia v. McDonald, 28 Vet. App. 158 (2016), which mandates that a VA examination must include results of range of motion testing on both active and passive motion in weight-bearing and non-weight bearing.
- Claimed conditions
- right knee degenerative arthritis with instability, right knee degenerative arthritis with painful flexion, left knee degenerative joint disease with instability, left knee degenerative joint disease with shin splints
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 25, 2020
- Citation
- 20075397
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 20075397.
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 is granted SMC based on the need for regular aid and attendance of another person due to his service-connected disabilities, but denied SMC based on housebound status.
- Partly granted
The Board denied service connection for right ear hearing disorder, dry eye disorder, and urinary disorder. Tinnitus was granted, but the Veteran's left knee degenerative joint disease, right knee patellofemoral pain syndrome, left knee degenerative joint disease with instability, right shoulder bicipital tendonitis, and left shoulder bicipital tendonitis do not warrant increased ratings.
- Remanded (sent back)
The Board remands the Veteran's claims for an increased rating and initial compensable rating due to insufficient evidence regarding the severity of his right knee disability and associated scars.
- Denied
The Board denied service connection for dry mouth, allergies, and increased ratings for BPPV, chronic constipation, right hip degenerative joint disease, and right knee degenerative arthritis. The claims for erectile dysfunction, migraine headaches, and tailbone pain were remanded.
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