The Board has remanded the Veteran's claims for service connection for right hip and right knee conditions due to insufficient consideration of the combat presumption and an inadequate secondary service connection opinion.
The deciding factor: The decision was based on the lack of official records showing complaints or treatment for hip and knee issues after the reported fall, but the combat presumption allows lay reports to be sufficient if consistent with circumstances, conditions, or hardships of service. The Board also found that the VA medical opinions did not consider the combat presumption.
- Claimed conditions
- right hip condition, including osteoarthritis, right knee condition, including degenerative arthritis, status post total knee replacement
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 6, 2023
- Citation
- 23048870
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 23048870.
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
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.