The Board has determined that a remand is necessary to correct the pre-decisional duty to assist error and obtain an adequate VA examination for the Veteran's left knee disability.
The deciding factor: The February 2016 VA examination was inadequate as it did not comply with the requirements set forth in Correia v. McDonald, 28 Vet. App. 158 (2016), and failed to address aggravation of the nonservice-connected condition.
- Claimed conditions
- left knee degenerative joint disease (left knee disability), status post fractured right ankle, intervertebral disc syndrome with degenerative disc disease of the lumbar spine
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 29, 2023
- Citation
- A23033861
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 A23033861.
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 Board has remanded the Veteran's claims of service connection for obstructive sleep apnea, increased ratings for lumbar spine disability and bilateral knee disabilities due to difficulties in contacting the Veteran.
- Denied
The Board has denied the Veteran's claims of service connection for left knee disability, back disability, and right hip disability due to a lack of evidence linking these conditions to his military service.
- Remanded (sent back)
The Board has remanded the cases for further medical opinions regarding the etiology of the Veteran's right foot condition, left knee disability, and hypertension. The VA will need to provide new opinions addressing whether these conditions are related to his active service, including exposure to burn pits.
- Denied
The Veteran's initial and increased ratings for left knee degenerative joint disease and right knee degenerative arthritis have been denied. The Board found that the criteria for an increased rating were not met.
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