The Veteran's claims for an increase in PTSD with depression, earlier effective date for service connection, and service connection for degenerative arthritis of the knees are all remanded due to pre-decisional duty to assist errors. The AOJ must obtain private treatment records from his mental health provider and arrange for a VA examination for his knee conditions.
The deciding factor: The Board found that there were pre-decisional duty to assist errors in obtaining private treatment records and arranging for a VA examination, which are necessary to properly adjudicate the Veteran's claims.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD) with depression, Degenerative arthritis of the right knee, Degenerative arthritis of the left knee
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 9, 2021
- Citation
- A21019655
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 A21019655.
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 Veteran's claim for an increased disability rating greater than 50 percent for PTSD with depression is being remanded due to the failure to obtain pertinent medical evidence from the Vet Center.
- Granted
The Veteran's claim for service connection for degenerative arthritis of the right knee is granted. The claims for bilateral hearing loss and tinnitus are denied, as well as the claim for service connection for right lower extremity radiculopathy.
- Granted
The Veteran's acquired psychiatric disorder, PTSD with depression, is related to a verified in-service stressor.,The history of pelvic inflammatory disease resulting in infertility was also linked to the same in-service event.
- Remanded (sent back)
The Board has decided to remand the case due to duty-to-assist errors, specifically regarding a VA medical opinion on whether the Veteran's degenerative arthritis of the right knee is related to service-connected chondromalacia and proximal patellar tendinosis of the left knee. The Board also needs another VA medical opinion addressing chronic presumptions and direct service connection.
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