The Board has remanded several claims for increased ratings due to deficiencies in the VA examinations conducted in November 2018. The Veteran's thoracolumbar spine, cervical spine, and bilateral knee disabilities are being examined again to determine their current severity.
The deciding factor: The VA examinations from November 2018 do not comply with the requirements set forth in Sharp v. Shulkin (29 Vet. App. 26, 34-36).
- Claimed conditions
- thoracolumbar spine degenerative arthritis, cervical spine degenerative arthritis status post spinal fusion, left knee instability, left knee patellofemoral pain syndrome, right total knee replacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 21, 2023
- Citation
- A23036980
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 A23036980.
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's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Dismissed
The Veteran's appeals for increased disability ratings for his left knee patellofemoral pain syndrome and left ankle condition have been dismissed due to the withdrawal of the appeal by the Veteran's representative.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal as to the issues of entitlement to increased disability ratings for left foot metatarsalgia, tinnitus, left wrist disability, right foot plantar warts, and for service connection for right foot plantar warts at a September 2024 hearing. Service connection was granted for migraines.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, leading to a TDIU rating.
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