The Veteran's appeal is being remanded for additional development due to a duty-to-assist error in failing to obtain VA examinations and opinions regarding the severity of her right knee disability, as well as whether her June 2016 right knee arthroscopy surgery was related to her service-connected right knee strain.
The deciding factor: The Board finds that there were pre-decisional duty-to-assist errors in failing to obtain VA examinations and opinions regarding the Veteran's right knee disability severity, as well as whether her June 2016 right knee arthroscopy surgery was related to her service-connected right knee strain.
- Claimed conditions
- Right Knee Strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2023
- Citation
- A23033408
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 A23033408.
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.
- Granted
The Veteran's right and left knee strains, as well as shin splints, were granted increased ratings. The Veteran also received special monthly compensation at the housebound rate from October 25, 2017 to March 11, 2024.
- Granted
The Board has restored the Veteran's right knee disability rating from 10% to 30%, effective July 1, 2025, finding that the reduction was improper and constituted a de facto severance of service connection.
- Remanded (sent back)
The Board has remanded the claims of entitlement to a rating in excess of 10 percent for left ankle, bilateral knee, and left hip disability. The Veteran's initial 10 percent rating for left thigh strain with limitation of flexion is granted.
- Dismissed
The Board dismissed the Veteran's appeals for increased disability evaluations and denied service connection for a bilateral shoulder condition. The Veteran was granted service connection for persistent depressive disorder.
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