The Veteran's claims for increased disability ratings for his right and left knee disabilities are being remanded due to a duty to assist error in the prior rating decision.
The deciding factor: The VA examination report from June 2019 did not consider the ameliorative effects of the Veteran's medications on his knee function, which is required by law.
- Claimed conditions
- osteoarthritis with patellofemoral pain syndrome and meniscal tear, shin splints
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 11, 2023
- Citation
- A23035401
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 A23035401.
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 claim for service connection for left knee degenerative arthritis and shin splints due to insufficient rationale in the previous VA examination. The case is now pending with a request for a new opinion.
- Remanded (sent back)
The Board has remanded the claims for shin splints, right knee disability, acquired psychiatric disorder (depression), stomach disability, and left ear hearing loss due to errors in providing notice of the right to a hearing.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to missing records and a pre-decisional duty to assist error. The claims will be readjudicated after obtaining any necessary records.
- Dismissed
The Veteran's appeals for service connection for shin splints and a right knee disability have been dismissed as the Veteran requested withdrawal of these claims.
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