The Board has remanded the Veteran's claims for further development due to deficiencies in prior VA examinations and need for a retroactive opinion.
The deciding factor: The Court found that the Board failed to provide adequate reasons and bases, including discussing the applicability of a separate rating under Diagnostic Code 5259, considering the Veteran's statements regarding instability, and providing a retroactive opinion based on prior VA examinations which did not address range of motion during flare-ups or Correia v. McDonald.
- Claimed conditions
- right knee osteoarthritis, right knee medial meniscus tear associated with residuals of torn ligament with internal derangement and arthritis, right knee limitation of extension, left knee (residuals of torn ligament), left knee instability, left knee arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 10, 2021
- Citation
- 21068398
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. Read the original VA decision (opens in a new tab) using citation 21068398.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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 expanded the scope of the claim for major depression to encompass any mental health disability raised by the record and has remanded six issues for additional development.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal as to the issues of entitlement to increased disability ratings for left foot metatarsalgia, tinnitus, left wrist disability, right foot plantar warts, and for service connection for right foot plantar warts at a September 2024 hearing. Service connection was granted for migraines.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, leading to a TDIU rating.
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