The Board has remanded the case for compliance with the terms of the Joint Motion for Partial Remand (JMPR), which includes obtaining private treatment records and providing an adequate medical opinion regarding direct service connection and secondary service connection.
The deciding factor: The May 2015 VA examination is inadequate as it failed to consider relevant evidence of record, including the Veteran's lay testimony during his Board hearing. The examiner also inaccurately referred to the Veteran's condition as DDD (degenerative disc disease), which is not associated with the knees.
- Claimed conditions
- right lower extremity disability, right knee arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2022
- Citation
- 22062363
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 22062363.
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.
- Dismissed
The Veteran withdrew her appeal regarding the service connection for left and right knee arthritis, thus the appeal is dismissed.
- Remanded (sent back)
The Board has determined that new and relevant evidence sufficient to readjudicate the previously denied claim for service connection for a right knee disability has been received. The AOJ should now consider secondary service connection in addition to the original claims.
- Granted
The Board has granted service connection for obstructive sleep apnea and dismissed all other appeals related to various joint conditions.
- Dismissed
The Board has dismissed the appeals for all claims of service connection, including those for bilateral flat feet, thoracolumbar spine degenerative arthritis, cervical spine degenerative arthritis, right CTS, left CTS, essential tremors, right ankle arthritis, right shoulder arthritis, and left knee arthritis. The appeal of sleep apnea was granted in a July 2024 rating decision.
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