The Board has found that a remand is required due to the inadequacy of the January 2017 VA examination and the need for additional evidence, including outpatient physical therapy records.
The deciding factor: The January 2017 VA examination did not comply with the requirements set forth in Sharp v. Shulkin (2017) due to its failure to consider whether the Veteran had additional functional loss during flare-ups or after repetitive use over time, which is required by DeLuca v. Brown (1995).
- Claimed conditions
- residuals of a left total knee replacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 7, 2023
- Citation
- 23007737
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 23007737.
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 has remanded the claims of increased disability ratings for bilateral total knee replacements and TDIU due to insufficient evidence in the record, including a lack of a thorough VA examination.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for his right ankle and left knee disabilities, as well as his claim for SMC based on housebound status due to issues with obtaining medical records and scheduling examinations.
- Remanded (sent back)
The Veteran's left total knee replacement and its residuals are rated at a 60 percent since November 1, 2011. The Board also remanded the issue of entitlement to TDIU.
- Remanded (sent back)
The Veteran's claim for a higher rating for his left total knee replacement is being remanded due to the addition of new medical evidence and the need to review outstanding treatment records.
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