The Veteran's appeal is remanded for additional examinations to determine the severity of his service-connected back and bilateral knee disabilities.
The deciding factor: The current evaluations do not comply with VA examination requirements, particularly regarding flare-ups and functional loss during such events.
- Claimed conditions
- Cardiomyopathy, Degenerative Arthritis Thoracolumbar Spine (Back Disability), Limitation of Extension of Right Knee, Limitation of Extension of Left Knee, Limitation of Flexion of Right Knee, Limitation of Flexion of Left Knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 8, 2023
- Citation
- 23060244
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 23060244.
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 Veteran's claim for service connection for heart condition was granted with an effective date of August 1, 2019. The decision is based on evidence showing exposure to diesel and gas fuel during service.
- Remanded (sent back)
The Board has determined that the Veteran's heart conditions may be related to his service-connected sleep apnea and/or generalized anxiety disorder, but further examination is needed to determine causation.
- Remanded (sent back)
The Board has decided to remand the case due to a lack of adequate medical opinion regarding the Veteran's heart conditions and their relation to service. The Veteran is asked to provide an addendum opinion from a qualified medical professional.
- Denied
The Board denied the Veteran's claim of CUE in the December 2005 rating decision that assigned a 60 percent initial disability rating for cardiomyopathy with pulmonary hypertension, finding no clear and unmistakable error.
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