The Board has identified a pre-decisional duty to assist error in the February 2019 rating decision and has remanded both issues of entitlement to an initial disability rating for left knee osteoarthritis and patellar chondromalacia, and entitlement to SMC based on aid and attendance.
The deciding factor: The February 2015 VA examination report was deemed inadequate due to the examiner's inability to describe motion loss during a flare of disability or following repeated use over time without direct observation. The Board also requested clarification as to whether assistive devices used by the Veteran were associated with his left knee disability.
- Claimed conditions
- left knee osteoarthritis, patellar chondromalacia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2023
- Citation
- A23035164
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 A23035164.
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 determined that the VA examinations provided for the Veteran's knee and palatal tympanic myocronus claims were inadequate, and thus these cases must be remanded to obtain new evaluations.
- Remanded (sent back)
The Board has denied service connection for an acquired psychiatric disability, but has remanded the cases of left knee and lumbar spine disabilities.
- Remanded (sent back)
The Veteran's claims of service connection for left and right knee disabilities are being remanded due to the need for additional medical opinions regarding the relationship between his service-connected right ankle degenerative arthritis and his current knee conditions.
- Granted
The Veteran was eligible for beneficiary travel benefits to attend a VA medical appointment on March 16, 2021 due to his service-connected conditions. The Board found that the nearest available clinic provided the required care and that the Veteran's statements were credible and consistent with the evidence.
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