The Board has ordered the remand of three issues related to the Veteran's TBI, left knee disability, and low back disability. The claims are being returned due to incomplete VA treatment records for Jamaica Plains VA Medical Center and insufficient qualifications of the examiner who conducted the July 2022 examinations.
The deciding factor: The Board found that the VA examination reports were inadequate due to the lack of qualification documentation and because the clinician was unable to differentiate between service-connected disability-related arthritis and natural aging process-related arthritis, leading to an incomplete assessment of the Veteran's disabilities.
- Claimed conditions
- Traumatic Brain Injury (TBI), Left Knee Disability, Low Back Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 5, 2023
- Citation
- 23043302
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 23043302.
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.
- Denied
The Veteran's service-connected knee disabilities are rated at 10% each, and the Board finds that higher ratings are not warranted based on the evidence of record.
- Denied
The Board has determined that the Veteran's bilateral knee disabilities are not related to his active service, and thus denied both claims for service connection.
- Denied
The Veteran's left knee disability is currently rated at 30 percent, and the Board finds no evidence of clear and unmistakable error in assigning an effective date of June 19, 2002.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased ratings for his low back, left knee, and right knee disabilities due to inadequate VA examinations. The AOJ is instructed to obtain private treatment records from Mays & Schnapp Pain Management and schedule the Veteran for additional medical examinations.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.