The Veteran's appeal is remanded for a new VA examination to determine if her left knee disability, which includes osteoarthritis and strain, was caused or aggravated by her service-connected disabilities. The Veteran also seeks TDIU benefits due to her inability to secure or follow substantially gainful employment.
The deciding factor: The examiner must provide an opinion on whether the Veteran's service-connected conditions have precluded her from securing or following a substantially gainful occupation, and if so, determine if her left knee disability is related to these conditions.
- Claimed conditions
- left knee disability, lumbosacral strain, right ankle injury, left lower radiculopathy, right wrist fracture
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 29, 2020
- Citation
- 20081438
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 Board granted service connection for lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Partly granted
The Board granted service connection for right knee, right hip, and lumbar spine disabilities as secondary to the Veteran's service-connected left knee disability but denied a rating in excess of 30 percent for his left knee disability prior to April 25, 2019.
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