The Board has remanded the case due to a failure to comply with its duty to assist and obtain necessary records, as well as for another VA examination.
The deciding factor: The decision was remanded because the Board did not ensure that it satisfied its duty to assist by obtaining an examination that met the requirements of Correia v. McDonald (2016) and failed to obtain all relevant treatment records from the Veteran's private physician and VA facilities.
- Claimed conditions
- right knee status post unicompartmental knee arthroplasty, right knee arthritis with painful motion, degenerative joint disease right knee, status post arthroscopy meniscal surgery, saphenous nerve injury of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 14, 2023
- Citation
- 23009292
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 23009292.
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 Veteran's right knee disability claims are being remanded due to the need for additional development, including obtaining updated VA treatment records and private medical records from Dr. Skala.
- Denied
The Board denied the Veteran's claims for earlier effective dates for service connection of right hip arthritis with limitation of flexion, left knee arthritis with painful motion, and right knee arthritis with painful motion.
- Denied
The Board has denied the veteran's claims for higher ratings for his right and left knee disabilities, finding that the evidence does not support a rating in excess of the current 20 percent evaluations.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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