The Board has remanded the case due to incomplete development and failure to notify the Veteran in accordance with 38 C.F.R. § 3.159(e). The Veteran is asked to submit or authorize VA to obtain all non-VA treatment records relating to his right knee disability, including those from Dr. T.C., Covington Bone and Joint, and Andalusia Health Physical Therapy. A new VA medical opinion is needed for the severity of the Veteran's right knee disability prior to October 16, 2019.
The deciding factor: The Board found that the AOJ did not notify the Veteran in accordance with 38 C.F.R. § 3.159(e) and ordered additional development including obtaining non-VA treatment records and a new VA medical opinion for the right knee disability prior to October 16, 2019.
- Claimed conditions
- Right Knee Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 13, 2021
- Citation
- 21021557
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 21021557.
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 knee disabilities are rated at 10% each, and the Board finds that higher ratings are not warranted based on the evidence of record.
- Denied
The Board has determined that the Veteran's bilateral knee disabilities are not related to his active service, and thus denied both claims for service connection.
- Denied
The Board denied the Veteran's claim for service connection of a right knee disability, finding that there is no evidence to support an etiological relationship between his current condition and his military service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased ratings for his low back, left knee, and right knee disabilities due to inadequate VA examinations. The AOJ is instructed to obtain private treatment records from Mays & Schnapp Pain Management and schedule the Veteran for additional medical examinations.
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