The Board has determined that the VA examinations conducted are not in compliance with the requirements set forth in Sharp v. Shulkin, 29 Vet. App. 26 (2017), and therefore, new examinations are needed to assess the severity of the Veteran's service-connected disabilities.
The deciding factor: The Board found that the VA examinations conducted did not provide sufficient information regarding the extent of any additional functional loss suffered during flare-ups, which is crucial for assessing the Veteran's disability levels.
- Claimed conditions
- right knee chondromalacia with degenerative joint disease, left knee chondromalacia with degenerative joint disease, degenerative joint disease of the thoracolumbar spine with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2020
- Citation
- 20080545
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.
- Remanded (sent back)
The case is remanded for further examination to determine the severity of the Veteran's left knee chondromalacia with degenerative joint disease.
- Partly granted
The Board denied a rating higher than 10 percent for the left and right knee conditions but granted a separate 10 percent rating for limitation of extension of the right knee.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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