The Veteran's claims for increased ratings of his bilateral knee disabilities, left and right ankle Achilles tendonitis, and left ankle fracture are being remanded due to inadequate VA examinations. The Veteran is entitled to new VA examinations to assess the current severity of his conditions.
The deciding factor: The VA examinations conducted in July 2016 were inadequate as they did not include joint testing for pain on both active and passive motion, in weight-bearing and non-weight-bearing, which is required by regulation. The Veteran also had flare-ups of his ankle and knee conditions that were not addressed in the examination.
- Claimed conditions
- left knee disability, right knee disability, residuals of a left ankle fracture, left ankle Achilles tendonitis, right ankle Achilles tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 24, 2023
- Citation
- 23011771
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 23011771.
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 appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient rationale in the July 2012 VA examination for the Veteran's left knee disability, and a new addendum opinion is needed.
- Remanded (sent back)
The Board has remanded the claims for shin splints, right knee disability, acquired psychiatric disorder (depression), stomach disability, and left ear hearing loss due to errors in providing notice of the right to a hearing.
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