The Board remands the claim for a new medical opinion to address whether the Veteran's current right knee disorder is clearly and unmistakably related to service, as the previous examiner used an incorrect evidentiary standard.
The deciding factor: The examiner's use of the preponderance of the evidence standard instead of the clear and unmistakable standard necessitates a remand for a new opinion.
- Claimed conditions
- right knee meniscal tear, knee joint osteoarthritis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2022
- Citation
- 22001092
Veterans Law Judge
Decisions by this judge: 1,886 · Granted: 24% (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 22001092.
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.
- Granted
The Board has granted service connection for right knee disability, left knee arthritis, and bilateral knee instability. The decision is based on the Veteran's competent and credible lay evidence regarding the onset of symptoms in service.
- Granted
The Board has determined that the Veteran's current right knee conditions, including meniscal tear and osteoarthritis, are related to her service. The decision grants service connection for these conditions.
- Granted
The Board has granted service connection for tinnitus, right knee meniscal tear with osteoarthritis and patellofemoral pain syndrome, and right knee limitation of extension. The effective dates are April 15, 2015, January 30, 2015, and January 20, 2015 respectively.
- Denied
The Board has denied the Veteran's claim for service connection for a right knee disorder, finding that his current condition is not causally related to his military service.
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