The Board has decided to remand the case due to a failure of VA to obtain an adequate VA examination and opinion in connection with the Veteran's claim for service connection for his right knee disability. The Veteran contends that his current knee disability was aggravated by his active-duty service, but no VA examiner has provided an opinion on this issue.
The deciding factor: The Board found a pre-decisional duty-to-assist error due to the lack of a VA examination and medical opinion addressing the etiology of the Veteran's right knee disability and whether it is related to service.
- Claimed conditions
- Right Knee Lateral Meniscus Tear
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2023
- Citation
- A23029980
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. Read the original VA decision (opens in a new tab) using citation A23029980.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's right knee disability is rated at 40 percent for limitation of extension since June 8, 2011. An increased rating for the right knee disability in excess of 10 percent based on limitation of flexion or a separate rating based on other factors is denied.
- Remanded (sent back)
The Veteran's bilateral hearing loss warrants no greater than a Level I rating for each ear under Table VI.,Entitlement to increases in the ratings for degenerative disc disease of the lumbar spine, right lower extremity radiculopathy, left lower extremity radiculopathy, right knee limitation of extension, and right knee impairment is remanded.
- Granted
The Board has granted service connection for right and left knee disabilities, finding that the Veteran's current conditions are related to his military service.
- Granted
The Veteran's right knee lateral meniscus tear and arthritis prior to October 2, 2014 are rated at a 10 percent disability level.
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