The Veteran's appeal is being remanded due to a duty to assist error in the February 2019 VA examination report. The claims for increased ratings for right knee disability and right knee scar are being remanded to obtain a new VA examination.
The deciding factor: The February 2019 VA examination report did not comply with the Court's holding in Sharp v. Shulkin, which requires examiners to elicit information about functional loss during flare-ups or following repetitive use from the veteran and provide an opinion based on this information.
- Claimed conditions
- Right Total Knee Arthroplasty (Right Knee Disability), Right Knee Scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 9, 2023
- Citation
- A23031639
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 A23031639.
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 claims for higher ratings for right knee instability, limited range of motion (ROM), and scar are being remanded due to duty-to-assist errors.
- Remanded (sent back)
The Veteran's hypertension, left knee flexion limitation, and instability of the left knee are all rated at their maximum allowable under VA regulations. The right knee scar is not compensable. The Board has remanded for further examination to determine the severity of these conditions without considering the ameliorative effects of medication.
- Denied
The Veteran's claim for service connection for a right knee disability and right knee scar was denied, with the effective date being December 3, 2012.
- Remanded (sent back)
The Board has remanded the claims of entitlement to increased evaluations for right knee osteoarthritis and right knee scar due to procedural issues.
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