The Board has remanded the Veteran's claims for service connection for a right hamstring muscle tear and a scar on the right knee due to insufficient evidence in previous examinations.
The deciding factor: The Court found that the November 2020 VA examiner's opinion was based on an inaccurate factual premise, specifically a 10-year gap between the Veteran's service and any objective evidence of the current hamstring condition. The Court also noted the Veteran's testimony about experiencing instability in his right knee during service.
- Claimed conditions
- Right hamstring muscle tear, Scar on right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 20, 2023
- Citation
- 23067103
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 23067103.
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 was found unable to secure and follow substantially gainful employment due to service-connected PTSD, which prevented him from working. The Board granted a TDIU rating for the period from August 28, 2018, to April 8, 2021.
- Denied
The Veteran's service-connected skin conditions do not preclude him from securing or following a substantially gainful occupation, considering his education and experience.
- Remanded (sent back)
The Board has remanded two issues: service connection for a right hamstring tear and service connection for a scar on the right knee. The Veteran's claims are being reviewed due to new evidence and testimony.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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