The Board remands the Veteran's claim for an increased rating for his left knee disability to obtain a new VA examination that adequately complies with the Court's holding in Sharp, and to address whether separate compensable ratings under DCs 5257, 5258, and 5259 are warranted.
The deciding factor: The remand is necessary due to an inadequate November 2019 VA examination that failed to comply with the requirements in Sharp v. Shulkin, resulting in a failure to ensure substantial compliance with the Board's 2018 remand directives.
- Claimed conditions
- left knee disability of torn medial meniscus with osteoarthritis and residuals of a preexisting tibia/fibula fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2022
- Citation
- 22001690
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.
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