The Board remands the Veteran's claim for an increased rating for his service-connected right knee disability to obtain a new VA examination report that addresses the severity of the condition, including any subluxation and hyperextension.
The deciding factor: The June 2021 VA examiner did not adequately address the Veteran's reports of hyperextension or provide a complete range of motion testing as required by Correia v. McDonald.
- Claimed conditions
- right knee synovitis, right knee osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2021
- Citation
- 21062399
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 Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Partly granted
The Board denied service connection for hypertension and remanded the claims for bilateral tinnitus, right knee osteoarthritis, and left knee osteoarthritis due to inadequate medical evidence.
- Granted
The Board granted service connection for bilateral knee, bilateral shoulder, low back and bilateral hip disabilities based on the evidence showing that these conditions are related to the Veteran's active military service.
- Remanded (sent back)
The appeal was remanded for the AOJ to provide the Veteran with notice concerning his right to a hearing under 38 C.F.R. § 3.103(b)(1) and (d)(1).
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.