The Veteran's claims for increased disability evaluations for his left knee disabilities and service connection for residuals of a head injury and aortic aneurysm are being remanded due to duty-to-assist errors.,The Veteran's claim for TDIU is also being remanded as it was reasonably raised by the Veteran prior to the August 2023 rating decision on appeal.
The deciding factor: There were duty-to-assist errors in obtaining VA examinations and opinions regarding the severity of the Veteran's left knee disabilities, the etiology of his residuals of a head injury and aortic aneurysm, and the impact of his service-connected conditions on his ability to work.,The Veteran raised the issue of TDIU prior to the August 2023 rating decision on appeal.
- Claimed conditions
- left knee patellar instability status post (s/p) lateral meniscectomy, left knee s/p lateral meniscectomy with limitation of flexion, left knee degenerative joint disease s/p lateral meniscectomy with limitation of extension, residuals of a head injury, aortic aneurysm
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 15, 2023
- Citation
- A23036128
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 A23036128.
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 denied the Veteran's claims for service connection for aortic aneurysm secondary to his service-connected hypertension, squamous cell cancer of the skin, and benign prostatic hyperplasia. The issues of entitlement to compensable ratings for hypertension and colon cancer residuals are also remanded due to potential impact on the issue of a 10 percent evaluation based on multiple noncompensable service-connected disabilities.
- Granted
The Veteran's claim for an effective date of March 3, 2022, for the award of service connection for aortic aneurysm is granted. The rating assigned remains at 60 percent.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty-to-assist error regarding the Veteran's exposure to asbestos and Agent Orange during service. The claims are now pending for further development.
- Dismissed
The Board dismissed the appeal for service connection of residuals of a head injury. The Veteran's claim for service connection of tinnitus was granted.
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