The Board remands the claim for a new VA examination to determine the nature and severity of the Veteran's right knee disability prior to January 11, 2019, in compliance with legal requirements.
The deciding factor: The previous examination was inadequate as it did not address the required factors under Sharp and Correia.
- Claimed conditions
- right knee limitation of motion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2021
- Citation
- 21063213
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.
- Partly granted
The Board granted a 10 percent initial rating for left knee instability and right knee instability, denied higher ratings for left and right knee limitation of motion, and granted an earlier effective date for total disability rating based on individual unemployability (TDIU).
- Granted
The Veteran's right knee limitation of motion was granted a rating of 30 percent, and an earlier effective date for TDIU was granted.
- Denied
The Board denied service connection for right and left knee disabilities as the evidence did not support a finding that these conditions began during active service or were otherwise related to an in-service injury, event, or disease.
- Dismissed
The Veteran has withdrawn his appeals for increased ratings and service connection for various conditions.
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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.