The Veteran's claims for higher ratings and an earlier effective date for his service-connected cervical spine, right knee, and left knee disabilities are being remanded due to inadequate examination reports.
The deciding factor: The Board found that the September 2023 examinations were insufficient as they did not provide adequate rationale or discussion of the Veteran's flare-ups.
- Claimed conditions
- cervical spine intervertebral disc syndrome, right knee patellofemoral syndrome with osteoarthritis, left knee patellofemoral syndrome with osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 5, 2023
- Citation
- 23064117
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 23064117.
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 claims for higher ratings and an earlier effective date for his service-connected cervical spine, right knee, and left knee disabilities are being remanded due to inadequate examination reports.
- Granted
The Veteran's left knee patellofemoral syndrome with osteoarthritis was restored to a 20 percent rating effective from October 22, 2009. The reduction of the disability rating from 20 to 10 percent was found to be improper due to insufficient evidence showing improvement in ability to function under ordinary conditions.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate VA examination report, and a retrospective opinion from an orthopedist is needed.
- Partly granted
The veteran's claim for service connection for cervical spine IVDS was granted. The claim for PTSD and a higher rating for tinnitus were denied. The effective date for tinnitus was set to January 10, 2012.
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