The Board remands the case for a new VA examination to address the entire appeal period due to inadequate previous examinations.
The deciding factor: The April 2009, December 2013, and October 2016 VA examinations were found to be inadequate as they did not adequately address additional functional loss due to pain during flare-ups or other relevant factors.
- Claimed conditions
- Residuals, status post fractured proximal tibia of the right leg, Degenerative joint disease of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2022
- Citation
- 22000245
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.
- Remanded (sent back)
The Board remands the claims for further development to ensure that the severity of the Veteran's bilateral knee disability is accurately assessed without considering the ameliorative effects of medication.
- Denied
The Board denied service connection for multiple conditions, including traumatic brain injury (TBI), pain of cervical and cervicothoracic regions, radicular pain and hypoesthesia of left upper extremity, pain and dysfunction of lumbar spine, right sciatic radicular pain, left sciatic radicular pain, right hip pain, left hip pain, right knee pain, left knee pain, post traumatic residual pain of right foot, and bilateral hearing loss.
- Granted
The Board granted increased ratings for the Veteran's degenerative spondylosis at L5-S1, left and right shoulder disabilities, left and right knee disabilities, and depressive disorder.
- Denied
The Board denied the claim for a disability rating in excess of 10 percent for degenerative joint disease of the right knee based on the evidence showing limitation of flexion to 135 degrees and extension to 5 degrees, which did not meet the criteria for a higher rating.
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