The Board has decided to remand the Veteran's claims for an initial disability rating in excess of 10 percent for a right knee disability and an initial disability rating in excess of 20 percent prior to February 24, 2022, and in excess of 40 percent thereafter for a back disability due to inadequate VA examinations.
The deciding factor: The Board found that the October 2019 VA examination was inadequate because it did not provide range of motion measurements or address whether there is evidence demonstrating functional equivalent of ankylosis during flareups. The February 2022 VA examination for the right knee disability was also deemed inadequate due to failure to note where pain along the Veteran's range of motion began.
- Claimed conditions
- right knee degenerative arthritis, back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 25, 2023
- Citation
- 23040639
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 23040639.
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.
- Granted
The Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
- Remanded (sent back)
The Board has decided to remand the case due to incomplete service treatment records and a need for additional VA examination. The Veteran's back disability is being reviewed again with new evidence.
- Remanded (sent back)
The Board has remanded the claims of service connection for back, hip, and lower extremity disabilities due to a lack of VA examination and outstanding treatment records. The Veteran's current diagnoses and lay statements will be considered in determining if his conditions are related to service.
- Granted
The Board has granted service connection for right knee disability, left knee arthritis, and bilateral knee instability. The decision is based on the Veteran's competent and credible lay evidence regarding the onset of symptoms in service.
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