The Board has remanded several issues related to the Veteran's service-connected right ankle and right knee disabilities due to inadequate examinations, including a failure to provide an adequate VA examination in compliance with Sharp v. Shulkin (2017) and Correia v. McDonald (2016). The claims for increased ratings are remanded as well as the extraschedular rating claim.
The deciding factor: The Board found that the current examinations did not comply with the requirements set forth in Sharp v. Shulkin (2017) and Correia v. McDonald (2016), which require an adequate examination to assess the severity of the Veteran's disabilities, including consideration of flare-ups and repeated use over time.
- Claimed conditions
- Right ankle osteochondral defect, Right knee strain status post right knee surgery, Limitation of extension of the right knee, Instability of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 1, 2021
- Citation
- 21005411
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 21005411.
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.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for eligibility for specially adapted housing or a special home adaptation grant due to lack of permanent and total disability.
- Remanded (sent back)
The Board has found that the reductions of ratings for back and right knee disabilities were improper due to inadequate examinations. The claims are remanded for further evaluations.
- Remanded (sent back)
The Board remands the claims for increased ratings and TDIU due to a lack of adequate medical evidence regarding the severity and manifestations of the Veteran's right knee disabilities from February 2015 to the present.
- Remanded (sent back)
The claims for increased ratings for the Veteran's bilateral knee disabilities are remanded for a new VA examination and to obtain any outstanding private treatment records.
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