The Board has remanded the claims for lumbar degenerative disc disease with spinal stenosis and radiculopathy, left knee degenerative joint disease, and right knee degenerative joint disease due to pre-decisional duty-to-assist errors. The Veteran's service connection claims are being returned for further development.
The deciding factor: The Board found the VA examiners' opinions inadequate as they did not consider the Veteran's lay statements regarding his in-service symptoms and lack of documented treatment records, which constitutes a pre-decisional duty to assist error.
- Claimed conditions
- lumbar degenerative disc disease with spinal stenosis and radiculopathy, left knee degenerative joint disease, right knee degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 5, 2023
- Citation
- A23034699
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 A23034699.
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 due to the need for a VA examination to assess the severity of his left knee disability, including without considering the ameliorative effects of medication.
- Granted
The Veteran's claim for service connection for right knee degenerative joint disease, including secondary to a service-connected left knee disability, is granted. The condition was not related to military service and no aggravation by the service-connected left knee disability could be established.
- Denied
The Veteran's left knee disability was not shown to be related to service or any service-connected conditions, and the Board denied his claim for service connection.
- Dismissed
The Veteran's appeals were withdrawn, and his claims for increased ratings and service connection were dismissed. The Board found no evidence of ankylosis or other disabling conditions that would warrant higher ratings.
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