The Veteran's claims for service connection for a bilateral knee condition and increased rating for gouty arthritis of both feet are remanded due to pre-decisional duty to assist errors. The AOJ must obtain addendum opinions addressing the relationship between his knee disability and gout, as well as evaluate the severity of his gout under the amended criteria.
The deciding factor: The Board found that there were pre-decisional duty to assist errors in denying service connection for a bilateral knee condition secondary to gouty arthritis and in not considering the amended rating criteria for musculoskeletal disabilities.
- Claimed conditions
- bilateral knee condition, gouty arthritis of both feet
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2023
- Citation
- A23035119
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 A23035119.
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.
- Denied
The Board denied service connection for a shoulder condition, bilateral knee condition, and right hip condition. The Veteran's claims were based on current diagnoses of these conditions but the evidence did not support an in-service injury or disease.,The Board also noted that there was no nexus between the current disabilities and service due to lack of in-service complaints or injuries.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to inadequate development of evidence, specifically failing to provide a VA examination or medical opinion regarding his claimed bilateral ankle, knee, low back, and left shoulder conditions. The claims are being returned to the AOJ for further action.
- Remanded (sent back)
The Board has remanded the claim of service connection for a bilateral knee condition due to inadequate medical opinion in the June 2024 VA examination.
- Remanded (sent back)
The Veteran's claims for service connection for bilateral knee conditions and obstructive sleep apnea are being remanded due to duty-to-assist errors. The Board is unable to make findings on the merits of these claims at this time.
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