The Board has remanded the case for a retrospective opinion regarding the Veteran's service-connected status-post operative left knee with degenerative changes associated with status-post operative right knee replacement with degenerative changes, and also for an effective date earlier than August 15, 2016 for the grant of entitlement to a total rating based on individual unemployability (TDIU).
The deciding factor: The Board found that the November 2016 VA examination report did not comply with the holdings in Correia v. McDonald and Sharp v. Shulkin, and thus requires a retrospective opinion regarding the Veteran's range of motion.
- Claimed conditions
- status-post operative left knee, status-post operative right knee replacement, degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 20, 2023
- Citation
- 23066994
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 23066994.
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 Board has granted service connection for a left knee strain with degenerative changes, finding that the Veteran's current condition is related to his in-service injury.
- Remanded (sent back)
The Board has remanded the case due to a lack of evidence regarding the etiology of the Veteran's cervical spine disorder and an incomplete record of chiropractic care. The Veteran is requested to provide or authorize VA to obtain his treatment records from chiropractors, and an addendum opinion will be provided by a VA examiner.
- Remanded (sent back)
The Veteran's claims for higher ratings on his lumbar spine disability, right leg radiculopathy, and scars are being remanded due to procedural errors. The VA will need to correct these issues before the claims can be reconsidered.
- Remanded (sent back)
The Veteran's claim for service connection for a cervical spine condition, claimed as Schmorl's nodes and degenerative changes, is being remanded due to duty-to-assist errors. The Board requires the AOJ to obtain inpatient treatment records from Tripler Army Medical Center and provide medical opinions regarding the cause of his cervical spine disability.
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