The Board has remanded the claims of entitlement to a disability rating in excess of 10 percent for right hallux rigidus, service connection for left knee disorder, and service connection for right knee disorder due to pre-decisional duty to assist errors.
The deciding factor: The VA examiners did not provide sufficient rationale for their opinions regarding the etiology of the Veteran's bilateral knee disorders and failed to consider all relevant evidence, including the Veteran's lay statements about his in-service exposure to radiation and post-service treatment records.
- Claimed conditions
- scar status post right foot hallux rigidus, left knee disorder, right knee disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 16, 2021
- Citation
- A21020088
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 A21020088.
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 Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Granted
The Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error, and will need an opinion regarding whether the Veteran's right knee disorder is related to his parachute jumps during service.
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