The Board has decided to remand the case for further examination and medical opinions regarding whether the Veteran's left knee disability is secondary to his service-connected right knee osteoarthritis and lumbar spine degenerative arthritis. The examiner must consider the impact of the Veteran's other conditions on his left knee.
The deciding factor: The Federal Circuit has clarified that secondary service connection requires a finding of 'but-for' cause, not 'proximate' cause as previously required.
- Claimed conditions
- left knee disability, right knee osteoarthritis, lumbar spine degenerative arthritis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 21, 2023
- Citation
- 23046222
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 23046222.
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 Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Remanded (sent back)
The Board has expanded the scope of the claim for major depression to encompass any mental health disability raised by the record and has remanded six issues for additional development.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient rationale in the July 2012 VA examination for the Veteran's left knee disability, and a new addendum opinion is needed.
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