The Board has remanded the case due to a duty to assist error regarding the psychiatric conditions. The Veteran's left knee condition and acquired psychiatric disorder (generalized anxiety disorder and dysthymia) are both under review.
The deciding factor: The VA examiner did not provide an opinion on whether the psychiatric disorders are related to service, which is required by law.
- Claimed conditions
- left knee degenerative osteoarthritis, an acquired psychiatric disorder, to include generalized anxiety disorder and dysthymia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 23, 2021
- Citation
- A21018766
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 A21018766.
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 right and left knee degenerative osteoarthritis as secondary to the Veteran's service-connected bilateral pes planus, finding the evidence in equipoise.
- Denied
The Board denied an increased evaluation for the Veteran's service-connected left knee degenerative osteoarthritis, finding that the evidence did not support a higher or separate rating under applicable diagnostic codes.
- Remanded (sent back)
The Veteran's claims for compensation under 38 U.S.C. § 1151 are remanded due to the need for additional medical opinions regarding whether his disabilities were caused by VA treatment and if so, whether they resulted from carelessness, negligence, or lack of proper skill on the part of VA.
- Remanded (sent back)
The Board has decided to remand the claims for diabetes mellitus type II, coronary artery disease, hypertension, and an acquired psychiatric disorder due to errors in duty to assist. The claims will be reconsidered after providing proper notice.
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