The Board has remanded the claims of service connection for left hip, right knee, and left knee disorders due to a pre-decisional duty-to-assist error in failing to obtain aggravation and direct service connection medical opinions.
The deciding factor: The Board found that there was a pre-decisional duty-to-assist error in failing to obtain an adequate opinion regarding the relationship between the hip and knee disorders and service, as well as whether they were aggravated by a service-connected condition.
- Claimed conditions
- left hip trochanteric bursitis, bilateral knee osteoarthritis, iliotibial band syndrome
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 5, 2023
- Citation
- A23034729
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 A23034729.
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.
- Dismissed
The Veteran withdrew her appeal and hearing request for increased ratings of persistent depressive disorder, intervertebral disc syndrome (IVDS), bilateral sciatic nerve radiculopathy, and bilateral knee osteoarthritis.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection for bilateral knee osteoarthritis, bilateral elbow nerve damage, and bilateral carpal tunnel syndrome must be remanded due to a failure to provide a VA examination.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for right hip trochanteric bursitis, left hip trochanteric bursitis, right iliotibial band inflammation, and left iliotibial band inflammation due to a duty-to-assist error in obtaining private treatment records.
- Granted
The Veteran's claims for service connection for back disability, left hip disability, and right hip disability have been granted.,An effective date of August 14, 2018, has been assigned for the grant of service connection for tinnitus.
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