The Board has remanded the case due to an error in the October 2021 hearing where the Veteran's right knee scars were not specifically questioned regarding their instability and pain. The case will be remanded for a VA examination to assess the severity of the Veteran's right knee scars.
The deciding factor: The Board found that the October 2021 hearing did not adequately address whether the Veteran's right knee scars are both painful and unstable, as required by regulation.
- Claimed conditions
- right knee scars
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 23, 2023
- Citation
- 23046706
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 23046706.
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 remanded several claims for further action, including effective date determinations and service connection determinations. The Veteran's service records from Portsmouth Naval Hospital are requested to be obtained.
- Dismissed
The Veteran's appeals for increased ratings for left and right knee scars have been dismissed due to the Veteran's withdrawal of his appeal.
- Dismissed
The Veteran's appeals for increased ratings and service connection were dismissed as untimely.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased ratings of his service-connected left and right knee conditions, as well as his service-connected left and right knee scars. The AOJ will need to correct duty-to-assist errors by obtaining new VA examinations.
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