The Board has determined that further development is needed for the Veteran's claims related to his right ankle, hip, cervical spine, migraine, and knee disabilities. The VA examinations are deemed inadequate due to lack of proper range of motion testing and failure to address flare-ups.
The deciding factor: The VA examination reports were found to be insufficient in addressing the Veteran's complaints of pain during flare-ups and the adequacy of ROM testing.
- Claimed conditions
- Right ankle disability, Right hip disability, Left hip disability, Cervical spine disability, Migraine disability, Right knee disability, Radiculopathy of the left lower extremity (LLE), Radiculopathy of the right lower extremity (RLE)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2021
- Citation
- 21062725
Veterans Law Judge
Decisions by this judge: 1,902 · Granted: 11% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 21062725.
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 cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Dismissed
Your appeal of the March 28, 2025 rating decision that deferred adjudication of your right hip disability claim has been dismissed.
- Denied
The Veteran's claim for an earlier effective date of January 10, 1997, for a 10% disability rating for his right ankle disability is denied as there was no CUE in the previous decisions.
- Granted
The Veteran's TDIU claim for bilateral knee disabilities and his right and left knee scars have been granted. He is now rated at a combined 60% disability rating from June 1, 2018 based on bilateral factors for his bilateral knee disabilities.
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