The Board has determined that the VA medical opinions obtained on remand are inadequate and requires further examination to determine if any of the Veteran's claimed disabilities are related to service.
The deciding factor: The VA medical opinions did not consider the Veteran's lay statements regarding her symptomology, including self-treatment. The examiner improperly attempted to give their opinion on whether the Veteran met her evidentiary burden and used an incorrect standard for aggravation of the right knee disability.
- Claimed conditions
- Cervical spine disability, Left shoulder disability, Right shoulder disability, Degenerative joint disease of the left knee, status post total knee replacement, Degenerative joint disease of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 9, 2023
- Citation
- 23060465
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 23060465.
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 cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Granted
The Veteran's right and left knee braces caused wear and tear to his clothing in the year of 2021, leading to a decision granting annual clothing allowances for both knee braces.
- Granted
The Veteran's TDIU claim for bilateral knee disabilities and his right and left knee scars have been granted. He is now rated at a combined 60% disability rating from June 1, 2018 based on bilateral factors for his bilateral knee disabilities.
- Remanded (sent back)
The Board has remanded the claims for service connection for brain cancer, low back disability, and cervical spine disability due to a pre-decisional error in failing to obtain a radiation dose estimate from the Under Secretary for Health. The Veteran's military service aboard USS ENTERPRISE is considered relevant to his exposure to ionizing radiation.
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